Utah § 81-3-205 - Enforcement.

Full text of Utah Utah Code § 81-3-205 — Enforcement., with citation guidance and answers to common questions.

§ 81-3-205. Enforcement.

Effective 9/1/2024
81-3-205.  Enforcement.
(1)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a)that party did not execute the agreement voluntarily; or
(b)the agreement was fraudulent when the agreement was executed and, before execution of the agreement, that party:
(i)was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;
(ii)did not voluntarily and expressly waive, in writing, any right to disclosure of the property 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 the property or financial obligations of the other party.
(2)If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a 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 the extent necessary to avoid that eligibility.
(3)An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.


Renumbered and Amended by Chapter 366, 2024 General Session

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Frequently Asked Questions About Utah § 81-3-205

What does Utah Code § 81-3-205 cover?

Section 81-3-205 ("Enforcement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 81-3-205?

A common citation format is "Utah Code § 81-3-205" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 81-3-205 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.