30-8-4. Content.
(1) Parties to a premarital agreement may contract with respect to:
(a) the rights and obligations of each of the parties in any of the property of either or both
of them whenever and wherever acquired or located;
(b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend,
assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and
control property;
(c) the disposition of property upon separation, marital dissolution, death, or the
occurrence or nonoccurrence of any other event;
(d) the modification or elimination of spousal support;
(e) the ownership rights in and disposition of the death benefit from a life insurance
policy;
(f) the choice of law governing the construction of the agreement, except that a court of
competent jurisdiction may apply the law of the legal domicile of either party, if it is fair and
equitable; and
(g) any other matter, including their personal rights and obligations, not in violation of
public policy or a statute imposing a criminal penalty.
(2) The right of a child to support, health and medical provider expenses, medical
insurance, and child care coverage may not be affected by a premarital agreement.
Enacted by Chapter 105, 1994 General Session
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Last revised: Thursday, May 28, 2009