30-8-6. 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 it 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.
Enacted by Chapter 105, 1994 General Session
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Last revised: Thursday, May 28, 2009