Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
While I am a divorce and family lawyer (licensed in Utah), I do not claim to be an expert on the subject of prenuptial agreements. That stated (and acknowledging that…
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…
No matter how hard people try to argue against remarriage (or marriage, for that matter), for all but a very, very few of us the arguments aren't true. Going through…
My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I…
I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation…
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…
How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which…
What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
Do prenuptial agreements make a wedding/marriage healthier? Make? In all cases? No. Can prenuptial agreements make a wedding and marriage healthier? It is conceivable that some people might find planning…
How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances…
How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances…
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
I did not. I generally do not favor young couples marrying for the first time making and signing prenuptial agreements. Here is why: Does signing a prenup change the relationship…
Expect the marriage to fail? Maybe not. But anticipate the marriage may fail? Yes; otherwise they wouldn’t plan ahead for its failure. Now don’t get me wrong. No venture, marriage…
Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…
Do you believe a prenuptial agreement and real love between two people are mutually exclusive? Kind of. And for the obvious reason implicit in the question: what kind of chance…
Yes, sometimes. And here is an excellent summary of the reasons why from Findlaw.com: Pros and Cons: Prenuptial Agreements Pros of Prenuptial Agreements A premarital agreement can protect the inheritance…
In some cases a prenuptial agreement may be wise (older people who want to protect their sizeable assets and/or ensure their children inherit them, rich people who need protection from…
Easier than you might think (but by no means guaranteed). Courts are inclined to believe certain claims; namely (and I’m going to be honest with you here, not politically correct):…
How do people generally react if asked to sign a prenuptial agreement? More and more the response to a request to sign a prenuptial agreement is a willing one. Because…
Why are prenuptial agreements not required for all marriages prior to getting a marriage license since divorces are about dividing assets and determining child custody/support? Wouldn't this help make divorces easier…
Does having a prenup demonstrate lack of trust in your future marriage? Of course, even if that is not the intent of wanting a prenuptial agreement. The reason is clear:…
2018 UT App 130 - Bergmann v. Bergmann THE UTAH COURT OF APPEALS KAREN BERGMANN, Appellee, v. EUGENE D. BERGMANN, Appellant. Opinion No. 20160217-CA - Filed June 28, 2018 Fourth…
Question: Can you sign a prenup legally forfeiting rights to child support if you divorce? Answer: I practice in Utah, so this is my response from a Utah law perspective.…
What if my fiancé can’t afford a lawyer to review a prenuptial agreement that my attorney drafted? It appears your fiancé may not want to sign a prenuptial agreement, but…
Are prenuptial agreements more trouble than they are worth? Do they start the marriage off on an adversarial note? A prenuptial agreement could be a sensitive topic in many relationships.…
The law that governs prenuptial agreements (known as “premarital agreements” in Utah) is found in the Utah Code in Title 30, Chapter 8. We will answer most questions about premarital agreements…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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