Top 7 Things to Know About Prenuptial Agreements in Utah

Thinking about tying the knot in Utah? Congratulations! If you’re thinking about getting a prenuptial agreement—it’s a smart move. While prenups sometimes get a bad rap, they’re actually one of the smartest tools a couple can use to align on finances, protect each other, and avoid future disputes. If you’re getting married in Utah, there are some specific legal considerations you should keep in mind. Here are the top 7 things you need to know about prenuptial agreements in Utah.

1. Utah is an equitable distribution state 
One of the first things to understand is what happens without a prenuptial agreement in a Utah divorce. In Utah, courts divide property based on equitable distribution principles. This means that if a couple divorces, the court doesn’t automatically split everything 50/50. Instead, the court aims to divide marital assets fairly—which might not always feel “equal.”

Without a prenup, a judge will decide what’s fair based on various factors like length of the marriage, each spouse’s income and earning potential, contributions to the household, and more. (Utah Code Ann. § 30-3-5). In addition, a court may divide up more than just marital assets but also assets accumulated before the marriage… yes, scary right? But with a prenup? You and your partner get to make those decisions yourselves, ahead of time. You can choose how to divide property, debt, and other financial matters—so there's less uncertainty and more control over your future.

2. The legal requirements for a prenup in Utah
A prenuptial agreement in Utah must meet a few legal standards to be enforceable. Utah follows its own adopted version of the Uniform Premarital Agreement Act (UPAA), which outlines the key requirements:

• The agreement must be in writing
• It must be signed voluntarily by both parties before the wedding
• Both parties must provide fair and reasonable disclosure of their financial information
• The terms must not be unconscionable (i.e., shockingly unfair)
  

In addition, keep in mind that prenups can cover a wide range of topics, such as property division, spousal support, and debt, but they can’t address child custody or child support, which are always decided based on the child’s best interests.

3. You don’t need to be rich to get a prenup in Utah 
Let’s bust a myth real quick: Prenups aren’t just for the wealthy. You don’t need a certain amount of money to benefit from a prenuptial agreement. In reality, prenups can protect the wealthy, but they can also protect people without any money. Maybe one of you has student debt, owns a small business, or expects to receive an inheritance. Or maybe you just want to agree in advance on how you’ll handle finances in your marriage. A prenup can be just as valuable for couples with modest means as it is for high-net-worth individuals.

4. Prenups don’t need to be notarized…but it can help 
In Utah, a prenuptial agreement does not need to be notarized to be legally valid. Notarization is the process of having a notary public witness you signing your prenup applying their own seal to confirm the acknowledgement. Even though notarization isn’t required, getting your prenup notarized can add an extra layer of protection. Why? Because if there’s ever a dispute down the road, notarization helps show that both parties signed the agreement willingly and knowingly. It adds a level of formality and can help avoid claims that someone didn’t actually sign the document or didn’t understand what they were agreeing to (in some situations). So while notarization isn’t required, it’s usually highly recommended—especially if you want to bulletproof your prenup as much as possible.

5. You don’t necessarily need a lawyer, but having one can help 
Another common question: Do you need a lawyer to get a prenup in Utah? Technically, no. You’re not legally required to hire an attorney to draft or sign a prenuptial agreement in Utah. However, having legal counsel—especially for each party individually—can make a big difference in enforceability. If your agreement is ever challenged in court, the judge may look at whether both parties fully understood what they were signing and had an opportunity to consult with legal counsel.

For example, if one person had an attorney and the other didn’t, that could raise red flags, especially if the agreement is one-sided. So while it’s not mandatory, getting a lawyer is often a smart move, particularly if there are significant assets, income disparities, or complex terms involved.

6. Prenups should provide for both parties 
This one’s big. A prenup should protect both people, not just the higher-earning spouse. Courts in Utah are unlikely to enforce an agreement that is “unconscionable”—meaning it’s grossly unfair or leaves one person completely financially vulnerable. For example, a prenup that waives spousal support and gives one spouse everything while the other gets nothing? That’s not going to fly.

A well-drafted prenuptial agreement should consider both partners' futures. It’s about finding balance and fairness—not about “winning” or preparing for failure. Think of it as a financial plan for your relationship, not a doomsday document.

7. Prenups are good for your future marriage 
Lastly, let’s talk mindset. Prenups aren’t anti-romance. They’re pro-communication. In fact, 83% of couples who create prenups through HelloPrenup report feeling closer together after the prenup. Why? Because drafting a prenup forces you to talk through real-life issues: money, debt, career plans, savings goals, and expectations for the future. These conversations build trust and transparency, key pillars for a strong marriage. In fact, you can think of a prenup like an insurance policy: You hope you’ll never need it, but it’s reassuring to know it’s there. Plus, a prenup can actually reduce conflict if the marriage does end, since you’ve already agreed on how to divide things.

Final thoughts on prenups in Utah
Whether you're eloping in the mountains or planning a big celebration in the city, a prenuptial agreement is one of the most empowering decisions you and your future spouse can make. It’s not about distrust—it’s about being proactive, honest, and aligned. And remember these key points about getting a prenup in Utah:

• Utah uses equitable distribution, but prenups can override this rule
• There are specific legal requirements for Utah prenups under the UUPAA
• You don’t need to be wealthy to get a prenup
• Notarization isn’t required, but it helps
• You don’t have to hire a lawyer, but it’s wise to consider one
• A fair prenup should protect both parties
• Most importantly, prenups support long-term relationship health
  

​So, if you’re getting ready to say “I do,” don’t skip the prenup. It’s not just a legal form—it’s a plan for your shared future.