30-8-6 - Enforcement. - Utah Statutes

30-8-6. Enforcement.
(1) A premarital agreement is not enforceable if the party against whom enforcement issought proves that:
(a) that party did not execute the agreement voluntarily; or
(b) the agreement was fraudulent when it was executed and, before execution of theagreement, that party:
(i) was not provided a reasonable disclosure of the property or financial obligations of theother party insofar as was possible;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of theproperty or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have, or reasonably could not have had, an adequate knowledge of theproperty or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates spousal support andthat modification or elimination causes one party to the agreement to be eligible for support undera program of public assistance at the time of separation or marital dissolution, a court,notwithstanding the terms of the agreement, may require the other party to provide support to theextent necessary to avoid that eligibility.
(3) An issue of fraud of a premarital agreement shall be decided by the court as a matterof law.

Enacted by Chapter 105, 1994 General Session