Utah State Legislature

            (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