“Utah law permits postnuptial agreements. As such, postnuptial agreements are a good option for those of you who are motivated to create certainty in your marriage.” As you will see after reading the above quote, when we extract the legal concepts, we can then extrapolate these into a school’s curriculum design, and how we can address this area in a manner which will connect with our students. Now, consider the following: The Utah Postnuptial Agreement Act (“the Act”) allows a husband and wife, or former husband and wife, to enter into a written postnuptial agreement. There are individual exceptions to the enforceability of postnuptial agreements, however. In order for a postnuptial agreement to be enforceable in Utah, the agreement must: This is interesting, because if we look outside of the law for a moment, into the field of education, we can start to tie in social change concerns into postnuptial agreements and how we can address these topics within the context of students’ individual considerations. Take the following statement: Although Utah courts are required to uphold the validity of a postnuptial agreement, the Act prohibits a court from ultimately enforcing an agreement that addresses child custody, child support, visitation, or insurance. An agreement that provides for the care of a minor child is not enforceable under the Act. Here, we start to see how the law works into our analysis of educational design. Take a step back and look at what Utah is communicating to the general population with the laws like the Utah Postnuptial Agreement Act. In this case, it may be that when it comes to their children, they do not want the Utah courts to be involved in ensuring that they are treated fairly, or in how the potential divorce will be taken care of. We take another step back, a step broader, and consider that some students may find themselves in a position where they may need to negotiate child custody, child support, visitation, etc. for themselves at some point in their life. At this point, we can inject a lesson plan that introduces the idea of negotiation, along with the idea that if a student has a young child and is experiencing a divorce, they may not be able to get their fair piece of the pie in that divorce (if they even have a fair piece of pie). All of this leads back to the definition of a postnuptial agreement, this time including some of the information that was omitted from that prior definition: A written contract executed after marriage which defines marital property rights with respect to precise property items, the nature of the relationship and inheritance rights, and which even covers the consequences of divorce, death and other situations, under the common law rules and statutes.
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