Title 81, Title 81: Utah Domestic Relations Code

81-1-204. Continuing jurisdiction of a court in a domestic relations action. In an action under this title, the court has continuing jurisdiction after a decree or final order is entered to make subsequent changes to the order, or to enter a new order, including an order regardin…

81-2-101. Definitions for chapter. Reserved.

81-2-102. Marriage recognition policy. (1) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter. Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this st…

81-2-201. Definitions for part. As used in this part: (1) "Premarital counseling" includes group counseling, individual counseling, and couple counseling. (2) "Premarital education" includes: a lecture, class, seminar, or workshop provided by a person that meets the requirements …

81-2-202. Premarital counseling or education -- State policy -- Applicability. It is the policy of the state to enhance the possibility of couples to achieve more stable, satisfying, and enduring marital and family relationships by providing opportunities for and encouraging the …

81-2-203. Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county. (1) A county is authorized to: provide for premarital counseling; and require the use of premarital counseling as a condition precedent to…

81-2-204. Master plan for counseling. (1) It shall be the function and duty of the premarital counseling board, after holding public hearings, to make, adopt, and certify to the county legislative body a master plan for premarital counseling of marriage license applicants within …

81-2-205. Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions. Whenever a county has adopted a master plan for premarital counseling no resident of the county may obtain a marriage license without conforming to the plan, except that: (1) an …

81-2-206. Completion of counseling or education. (1) The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall r…

81-2-207. Persons performing counseling services designated by board -- Exemption from license requirements. For the purposes of this part, the premarital counseling board of each county or combination of counties may determine those persons who are to perform any services under …

81-2-208. Confidentiality of information obtained under counseling provisions. (1) Except for the information required or to be required on the marriage license application form, any information given by a marriage license applicant in compliance with this part: shall be confiden…

81-2-209. Fee for counseling. Any county adopting a master plan under this act is authorized to charge, in addition to the county's ordinary marriage license application fees, not more than $10 for premarital counseling, to be paid by the applicants at the time the applicants mak…

81-2-301. Definitions for part. As used in this part: (1) "County clerk" means: the county clerk of the county; or an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. (2) "Judge or magistrate of the United States" means…

81-2-302. Marriage licenses -- Use within state -- Expiration. (1) A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state. (2) A license issued within this state by a county clerk may only be used within this state.…

81-2-303. Application for marriage license -- Contents. (1) A county clerk may issue a marriage license only after an application is filed with the county clerk's office, requiring the following information: the full names of the applicants, including the maiden or bachelor name …

81-2-304. Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization. (1) If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor's parent or legal guardian…

81-2-305. Who may solemnize marriages -- Certificate. (1) The following individuals may solemnize a marriage: an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage; a Native American spiritual advisor; the governor; the lieutena…

81-2-306. County clerk to file license and certificate -- Designation as vital record. (1) The county clerk shall: file and preserve the marriage license returned by an individual under Subsectionwith the certificate of the marriage; and 81-2-305(5) record the marriage license an…

81-2-401. Definitions for part. Reserved.

81-2-402. Incestuous marriages void. (1) The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized: a marriage between a parent and a child; a marriage between an ancestor and a descendant of any degree; a mar…

81-2-403. Marriages prohibited and void. (1) A marriage is prohibited and void if: there is a spouse living from whom the individual marrying has not been divorced; except as provided in Subsection, the individual marrying is under 18 years old; or (2) between a divorced individu…

81-2-404. Validation of a marriage to an individual subject to chronic epileptic fits who had not been sterilized. A marriage between two individuals that was not valid or legal before May 14, 1963, on the basis that a party was subject to chronic epileptic fits and had not been …

81-2-405. Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties. (1) As used in this section: "Eligible couple" means two individuals that may legally marry each other in this state. "Specified characteristic" means the race…

81-2-406. Validation of a marriage to an individual with acquired immune deficiency syndrome or other sexually transmitted disease. A marriage between two individuals that was not valid or legal before October 21, 1993, on the basis that a party was afflicted with acquired immune…

81-2-407. Validity of a foreign marriage -- Exceptions. (1) As used in this section, "minor" means an individual who is younger than 18 years old. (2) A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid in this state, unless: the m…

81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual. (1) Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter. (2) On a filing of a…

81-2-409. Legal recognition of a child when marriage is void. When a marriage is void under Subsectionand the parties entered into the marriage in good faith, a child of the marriage, who is born or conceived before the parties had actual knowledge that the marriage was void, sha…

81-3-101. Definitions for part. Reserved.

81-3-102. Married individual's right to contract, sue, and be sued. A married individual may contract, sue, or be sued, to the same extent and in the same manner as if the individual was unmarried.

81-3-103. Conveyances between spouses. A conveyance, transfer, or lien executed by an individual, to or in favor of the individual's spouse is valid to the same extent as between other persons.

81-3-104. Married individual's right to wages -- Actions for personal injury. (1) A married individual may: receive the wages for the individual's personal labor as if unmarried; maintain an action in the individual's own name and hold the same in the individual's own right as if…

81-3-105. Separate debts. (1) A married individual is not personally liable for the separate debts, obligations, or liabilities of the individual's spouse that are: contracted or incurred before marriage; contracted or incurred during marriage, except family expenses as provided …

81-3-106. Actions based on property rights. If a married individual obtains possession or control of property belonging to the individual's spouse before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the…

81-3-107. Liability for spouse's torts. (1) If a married individual is held liable in a civil action, the plaintiff may recover damages from the individual alone. (2) The spouse of the individual described in Subsection (1) may not be held liable in the civil action, except in an…

81-3-108. Agency between spouses. A married individual may: (1) constitute the attorney in fact to control and dispose of the property of the individual's spouse for the mutual benefit of the individual and the individual's spouse or otherwise; and (2) revoke the appointment the …

81-3-109. Family expenses -- Joint and several liability. (1) As used in this section: "Family expenses" means expenses incurred that benefit and promote the family unit. "Family expenses" do not include items purchased in accordance with a written contract or agreement during th…

81-3-110. Homestead rights -- Custody of a minor child. (1) A married individual may not remove the individual's spouse or minor child from the homestead without the consent of the individual's spouse, unless the owner of the property shall in good faith provide another homestead…

81-3-111. Action for consortium due to personal injury. (1) As used in this section: "Injury" or "injured" means a significant permanent injury to an individual that substantially changes that individual's lifestyle, including: a partial or complete paralysis of one or more of th…

81-3-201. Definitions for part. As used in this part: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or …

81-3-202. Writing -- Signature required. (1) A premarital agreement shall be in writing and signed by both parties. (2) A premarital agreement is enforceable without consideration.

81-3-203. Content. (1) Parties to a premarital agreement may contract with respect to: the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; the right to buy, sell, use, transfer, exchange, ab…

81-3-204. Effect of marriage -- Amendment -- Revocation. (1) A premarital agreement becomes effective upon marriage. (2) After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is …

81-3-205. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: that party did not execute the agreement voluntarily; or the agreement was fraudulent when the agreement was executed and, before execution of the agr…

81-3-206. Enforcement -- Void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

81-3-207. Limitations of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.

81-3-208. Application and construction. This part shall be applied and construed to effectuate the part's general purpose to make uniform the law with respect to the subject of this part among states enacting this uniform law.