Yes, a prenuptial agreement can be revoked in Utah, but only by a written agreement signed by both parties. Utah Code Section 30-8-5(2)(a) (recodified at Section 81-3-204(2)(a)) provides that revocation follows the same formalities as the original agreement: it must be in writing and signed by both spouses. Mutual written rescission is the only way to revoke a prenup.
Last updated: July 2026
Key Takeaways
- Under Section 30-8-5(2)(a), revocation requires a written agreement signed by both parties.
- The revocation is enforceable without consideration under Section 30-8-5(2)(b).
- A prenup cannot be revoked unilaterally or by oral agreement under Utah law.
- Revocation does not require court approval, notarization, or witnesses.
- After revocation, the parties’ marital property rights are governed by Utah’s default divorce statutes.
Revoking a prenuptial agreement is a significant step that eliminates the agreed-upon terms and returns the couple to Utah’s default marital property and support rules. Many couples who choose to revoke their prenup do so because their financial circumstances have changed dramatically, or because they feel the agreement no longer reflects the equitable nature of their relationship. Utah law makes revocation deliberately simple in form while requiring mutual consent to protect both parties.
A critically underappreciated aspect of revocation is that it cannot be accomplished through conduct alone. Living together as a married couple without referencing the prenup does not revoke it. Continuing to commingle assets does not revoke it. Even telling friends and family that the prenup is no longer in effect does not revoke it. Only a signed written document accomplishes revocation under Utah law. Couples who want their prenup to no longer apply must take the affirmative step of executing a revocation agreement.
What are the requirements for revoking a prenuptial agreement in Utah?
Utah Code Section 30-8-5(2)(a) (Section 81-3-204(2)(a)) requires that revocation be made by “a written agreement signed by the parties.” The revocation document should clearly state that the parties intend to revoke their premarital agreement in its entirety. It should reference the original agreement by date and identify the parties. Both signatures must be affixed to the same document. The statute does not require witnesses or notarization, though including both can help prove authenticity if the revocation is later questioned.
Does a revocation need to be notarized in Utah?
No. Utah Code Section 30-8-5(2) does not require notarization for a revocation. The statute requires only a written agreement signed by both parties. However, having the revocation notarized creates a clear evidentiary record. If a dispute later arises about whether the revocation was properly executed, a notarized document carries more weight and is more difficult to challenge than an unnotarized document.
Utah Code Section 30-8-5(2): “After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.” No other method of revocation is recognized under Utah law.
What is the effect of revoking a prenuptial agreement in Utah?
Revocation eliminates all provisions of the prenuptial agreement. After revocation, the parties’ rights regarding property division, spousal support, and other matters are determined by Utah’s default marital laws under Title 30, Chapter 3 (now Title 81, Chapter 4) for divorce proceedings. Marital property is divided according to equitable distribution principles. Spousal support is determined based on the statutory factors in Section 30-3-5 (Section 81-4-501). Revocation essentially returns the marriage to the same legal footing as if no prenup had ever been executed.
Can you partially revoke a prenuptial agreement in Utah?
Yes, but that is functionally an amendment rather than a revocation. Utah Code Section 30-8-5(2) treats amendment and revocation under the same statutory provision. If a couple wants to eliminate some provisions of their prenup while keeping others, they should execute a written amendment specifying which provisions are revoked and which remain in effect. A partial revocation that removes specific clauses while preserving others is governed by the same formalities as a full revocation.
| Action | Method | Result |
|---|---|---|
| Full revocation | Written agreement signed by both parties | Prenup voided; default Utah law applies |
| Partial revocation | Written amendment signed by both parties | Remaining prenup provisions survive |
| Unilateral attempt to revoke | Not recognized under Section 30-8-5 | Prenup remains fully enforceable |
| Implied revocation by conduct | Not recognized | Prenup remains fully enforceable |
Can a prenuptial agreement be revoked after divorce proceedings begin?
Yes, but it is more complicated. A couple can still execute a written revocation agreement after one spouse files for divorce, as long as both parties agree. However, once litigation is underway, each party has litigation interests that may conflict with revocation. The revocation must still be voluntary under Section 30-8-6. A revocation signed under the pressure of pending litigation could be challenged as involuntary. Courts scrutinize agreements made during divorce proceedings carefully.
What happens if a prenup is not revoked and one spouse later regrets it?
If the prenup was not revoked by mutual written agreement, the original terms remain in effect regardless of either party’s later regret. The only option is to challenge the agreement under Section 30-8-6 by proving it was not voluntary or was fraudulent at the time of execution. The statute of limitations to bring such a challenge is tolled during the marriage under Section 30-8-8 (Section 81-3-207), meaning the right to challenge revives when the marriage ends.
Frequently Asked Questions
Can we tear up the prenup to revoke it?
No. Physically destroying the document does not constitute legal revocation. Only a written agreement signed by both parties can revoke a prenup under Section 30-8-5(2).
Does divorce automatically revoke a prenuptial agreement?
No. The prenup governs property division and support in the divorce. Filing for divorce does not revoke the agreement. The prenup is enforced during the divorce proceedings unless it was previously revoked by mutual written agreement.
Can a prenup be revoked if one spouse has diminished capacity?
No. Both parties must have capacity to consent to the revocation. If one spouse lacks mental capacity, the revocation is not valid. A guardian may need court authorization to revoke on behalf of an incapacitated spouse.
Is there a deadline to revoke a prenup in Utah?
No. A prenuptial agreement can be revoked at any time during the marriage as long as both parties agree in writing. There is no statutory deadline for revocation.
What should a revocation agreement include?
The revocation should identify the original prenup by date and parties, state the intent to revoke it in its entirety, and be signed by both parties. Including a statement that both parties enter the revocation voluntarily and with full knowledge strengthens enforceability.
Does revoking a prenup affect estate planning documents?
Not directly, but it may change how assets are classified. If the prenup waived elective share rights, revoking it restores those rights under Utah’s probate code. Review estate planning documents after revocation.
Can a prenup be revoked before marriage?
Yes. Since a prenup becomes effective upon marriage under Section 30-8-5(1), the parties can mutually agree to revoke it before the wedding by written agreement. After revocation, neither party can enforce it.
What if one spouse refuses to sign a revocation?
Then the prenup remains in full effect. One party cannot force the other to revoke. The only option is to challenge the prenup under Section 30-8-6 during divorce proceedings.
Should you revoke your prenuptial agreement in Utah?
Revoking a prenuptial agreement is a serious decision that eliminates all contractual protections. Before revoking, both parties should understand that Utah’s default divorce laws will govern property division and spousal support. An experienced Utah family law attorney can help draft a valid revocation and explain the legal consequences of returning to default rules under Utah Code Title 30, Chapter 3 (Title 81, Chapter 4).
Planning a marriage in Utah? Protect your future with a carefully drafted prenuptial agreement. Jeremy D. Eveland, MBA, JD, can help.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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