Friday, December 7, 2018

Agreements to Arbitrate Before You Hire an Employee

Agreements to Arbitrate Before You Hire an Employee

Most business owners will encounter disputes with employees at least once throughout the life of their organization, often through no fault of their own. Regardless of the nature of the dispute, litigation can be costly and may hurt a company’s image. Arbitration agreements, often included in employment contracts, require both the employer and the employee to settle disputes outside of the court system.

Here are Some Benefits of Arbitration Agreements

Proponents of arbitration for employment-based disputes often point out that juries typically are more sympathetic to employees, even when the facts may otherwise favor the employer. After all, the majority of jurors are not business owners but most identify as employees themselves. Arbitration agreements, therefore, can be seen as a safeguard against frivolous lawsuits or at least a method of ensuring a more level playing field. Specifically, class action lawsuits have the potential to close businesses and derail entire industries.

And since court proceedings are a matter of public record, litigation can result in negative publicity for an employer regardless of whether it did anything wrong. Arbitration affords defendant employers more privacy, since the proceedings are not a matter of public record. This discretion can also play an important role in maintaining key business partnerships.

Furthermore, arbitrators’ decisions are final except in extraordinary circumstances. Unlike litigation, where the costly appeals process often leads to cash settlements, employees unhappy with the results of arbitration generally cannot have the decision reviewed by a higher authority.

Make Sure Your Arbitration Agreement is Legal

The Federal Arbitration Act allows employers to include binding arbitration agreements as a condition of employment. Such agreements usually contain language wherein both parties give up the right to go to court if they are unhappy with the results of an arbitration proceeding.

An arbitration clause may be held invalid if the complainant is able to prove that the employer designated a biased party as the arbitrator. Therefore, these clauses usually designate broadly recognized neutral organizations (such the American Arbitration Association) to broker the process. An arbitration agreement also may be held invalid if it is one-sided and allows the employer to sue in court, according to courts in California and some other states, but that is not the case in federal court.

The following sample arbitration clause comes from the Chartered Institute of Arbitrators:

“Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within thirty days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.”

What is Arbitration Like?

Binding arbitration is one form of alternative dispute resolution (ADR), which takes place outside of the state or federal court systems. The process begins when one party files a demand for arbitration with the American Arbitration Association or similar ADR organization. You can also just use a private arbitrator which will save you money. We’ve seen arbitration fees that are in the tens of thousands for a dispute over commercial real estate. The respondent (the party that would be the defendant in a court case) is notified and has a set time to file an answer or counterclaim. The third party then works with both parties to select a neutral arbitrator from its list of available arbitrators, often retired judges.

The arbitration proceedings begin with a preliminary hearing, in which each party has the opportunity to discuss the substantive issues of the case with the arbitrator. Procedures for exchanging information and disclosing witness lists also are discussed at this initial meeting. Then each party exchanges information and agree to evidence and arguments that will be presented in the hearings. Finally, each party presents testimony in a series of hearings and the arbitrator makes a decision.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, December 6, 2018

Business Valuation Law

Business Valuation Law

As a business owner, present or future, you’ll want to be familiar with what business valuations are and the required accounting terminology that is used in a business valuation. Here you will find useful business and accounting terms in alphabetical order.

Accounts payable: Business debts that generally are payable within 30 days.

Accounts receivable: Money that customers presently owe the company.

Accrued payroll and payroll taxes: Accrued payroll is payment owed for employee work already done. Accrued payroll taxes are employment taxes for work already performed by employees, which have not yet been turned over to the state or federal revenue services.

Appraisal: See “Valuation.”

Assets: Anything with monetary value that a business owns. See “Current Assets” and “Fixed Assets.”

Balance sheet: A financial statement showing the assets, liabilities, and net worth of a business as of a specific date.




Book value: Total assets, without the inclusion of intangibles such as goodwill, minus total liabilities. The book value of a company is its base liquidation value.

Cost approach to valuation: This valuation approach considers the replacement cost of the company’s assets as an indication of what a prudent buyer would pay for the business.

Current assets: Cash, accounts receivable, securities, inventory, and any other assets that can be converted into cash within one year or during the normal course of business.

Current liabilities: Liabilities payable within one year. They include accounts payable, notes payable, accrued expenses such as wages and salaries, taxes payable, and the portion of long-term debts due within one year.

Current ratio: Current Ratio = Total Current Assets/Total Current Liabilities. The current ratio shows a company’s financial solvency.

Depreciation: An accounting method to take into account an asset’s physical deterioration. It allocates the asset’s cost over its useful life.

Debt/worth ratio: Debt/Worth Ratio = Total Liabilities/Net Worth. Debt/worth ratio is a measure of how dependent a company is on borrowing rather than equity.

Fair market value: A price at which a willing buyer and a willing seller, both knowing the relevant facts about the business, would transfer a company.





Fixed assets: Assets that are used to produce revenue and are not intended for sale, such as office furniture, vehicles, real property, building improvements, and factory equipment. Also called “long-term” assets.

Generally accepted accounting principles (GAAP): Accepted conventions, rules, and procedures that define accounting practice.

Goodwill: Goodwill is based on a company’s reputation and relationships with customers, vendors and the community, and its participation in trade-related activities. In broad terms, goodwill is a measure of how willing these individuals would be to continue doing business with a company.

Income approach to valuation: Any valuation method that is based on the company’s expected income stream.





Income statement: See “Profit/Loss Statement.”

Intangible assets: Business assets that are not material in nature, which have been created through time and effort. Some examples of intangible assets are patents, specialized mailing lists, and goodwill.

Inventory: Goods ready to be sold, raw materials, and partially completed goods that will be sold.

Liabilities: Debts owed by the business. See “Current Liabilities” and “Long-Term Liabilities.”

Liquidation: Selling the business’s assets rather than the entire business as a going concern.

Liquidation value: The estimated total amount that could be realized from selling the business’s individual assets, after satisfying all of the business’s liabilities.

Liquidity: How quickly and easily an asset can be converted into cash.

Long-term assets: See “Fixed Assets.”

Long-term liabilities: Debts owed by the business which must be repaid more than one year from the date of the balance sheet.

Market approach to valuation: Any valuation method that compares the company’s financial data with multiples from acquisitions of similar businesses or from stock prices of comparable publicly traded companies.

Market value: See “Fair Market Value.”

Net worth: The business owner’s equity in a company, calculated by subtracting the company’s total liabilities from its total assets.

Price/earnings (P/E) ratio: The relationship between the selling price of a company’s common stock to the company’s annual profits per share.

Prepaid expenses: The cost of goods or services already paid for but not yet fully used or consumed. Prepaid insurance premiums and prepaid rent are examples of prepaid expenses.

Profit/loss statement: A financial statement summarizing the results of business activities (income and expenses) for a given period of time. Also called an income statement.

Quick ratio: Quick Ratio = (Current Assets – Inventory)/Current Liabilities. The quick ratio shows a company’s liquidity, and helps determine whether a business can meet its obligations in hard times.

Securities: Notes, stocks, bonds, debentures, investment contracts, or any other interests or instruments commonly known as “securities.”

Under-capitalization: When available funds are consistently insufficient for a business, hampering its efficient operations.

Valuation: A value estimate or opinion, or the process of estimating value. A valuation report is usually a written document setting forth an opinion of a business’s value as of a specified date, supported by the presentation and analysis of relevant data.

Working capital: The capital available to the business on a short term, calculated by subtracting current liabilities from current assets.

Business Lawyer Free Consultation

If you are here, you probably have a business law issue you need help with. If you need help with a business valuation call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Divorce Mediation Strategy

Divorce Mediation Strategy

If you and your spouse have come to a mutual decision to seek a divorce and feel that you will at least be on speaking terms throughout the process, you might consider going through divorce mediation. In this process, you will meet with a neutral third party to discuss how you will resolve some of the issues in your divorce without having to spend as much time going through courtroom litigation.

Mediation may be the right option for you if the following apply:

  • You intend to stay on good terms with your soon to be ex. This is especially important for couples that have children together and do not want to make things more difficult on them.
  • Neither of you blames the other for the divorce. While there are some natural instances in which you might blame your ex-spouse for the unraveling of your marriage, mediation can be a good option if neither party believes the other to be completely at fault.
  • You want more control over the terms of the divorce. Messy divorces that go through litigation tend to end in divorce terms that may or may not benefit you. Both sides have more to gain through mediation because they have more control over what happens. It is easier to find compromises that actually work through mediation.





  • Neither party has abused the other. If there has been physical violence or substance abuse in your relationship, you will absolutely want to go through the court system. Otherwise, if you feel safe and are not intimidated by the prospect of meeting face-to-face with your spouse, the mediation process can be healthy and helpful.
  • You understand the financial aspect of divorce. You might need to have some level of knowledge about how finances will be handled in the divorce process to be completely comfortable with mediation. If you are confident in your knowledge in this area, mediation could be right for you.

Mediation as an Alternative Method to Divorce

In mediation, parties hire a single mediator to negotiate the terms of the dissolution of their marriage instead of going to court. A trained mediator works to resolve the same issues that must be settled in every divorce. Spousal support, property division, allocation of debt, and child support and visitation must all be addressed. The mediator represents both parties and works to have the couple communicate openly about needs and requirements.





For some couples, mediation can work to effectively and quickly resolve the terms of a divorce decree. After an agreement is reached, both parties bring the agreement to a separate attorney to review the terms and ensure that the issues are covered in a satisfactory fashion.

When choosing an attorney to act as a mediator, look for the following:

  • You need an attorney who has training in mediation. How many in mediation have the attorney handle it and what results has the attorney had?
  • Find an attorney who makes you feel at ease.
  • Seek out an attorney you can afford.
  • You need a lawyer who can explain things to you in language you understand. If English is not your main language, find someone who speaks your tongue.
  • When children are involved, you need an attorney who will fight to preserve your relationship with them.
  • Find an attorney like Ascent Law who will be available after your divorce to handle modifications to the divorce decree is finalized.

Divorce Attorney Free Consultation

If you have a question about divorce or mediation in Utah, call Ascent Law at (801) 676-5506 for your free consultation. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Child Custody and Domestic Violence

Child Custody and Domestic Violence

Domestic violence shatters families, and its aftereffects are painful and lingering. There are legal ramifications too. When a couple breaks up after domestic violence has occurred, the abuse can also have an impact on who gets custody of the children.

This article will explain what domestic violence is and how it affects child custody. If you have any questions after you read this article, you should consult a family law attorney for advice.

Domestic Violence

The people most in need of help all too often don’t get it. People who have been hurt by domestic violence may not take advantage of help from the community or seek help from the courts. So it’s important to understand what domestic violence means.

Utah law states that domestic abuse can consist of a single act or it can be a pattern or history of attacks. Domestic abuse can be written, spoken aloud, or even electronic (e.g., emailed threats). The laws also explain that domestic abuse can assume a wide variety of forms, including any or all of the following:

  • physical or sexual assault
  • threats of physical or sexual assault
  • stalking
  • harassment
  • mental cruelty and emotional abuse (including destruction of property, threats, violence to animals, yelling, screaming, name-calling, shaming, mocking, criticizing, and possessiveness)
  • intimidation
  • isolation
  • economic abuse (meaning, one partner maintains total control of all funds)
  • “coercion” (meaning, to apply pressure or to bully) against a current or past intimate (romantic) partner
  • acts of child abuse or neglect that contribute to coercion or intimidation of an intimate partner
  • cruel mistreatment or cruel neglect of an animal, or threats of such acts
  • other acts of abuse, assault, or harassment, and
  • threats of similar acts against other family or household members.

“Family or household members” includes:

  • current or former spouses
  • children
  • people who have lived together in the past
  • people who have a child together, regardless of whether they’ve been married or lived together in the past
  • people related by blood or marriage, and
  • people who are currently dating each other or have dated in the past.

Family and household members don’t include casual relationships or ordinary associations between people in a business or social context.

Help When You Need It

Utah has a number of groups that are dedicated to helping victims of domestic violence. For instance, the Utah Domestic Violence Sexual Assault Coalition will respond with 24 hour hotlines victims can call for immediate help.

Legal Aid of Utah maintains a help site that lists fact sheets, safety plans, and links to non-profit organizations that can provide direct assistance to victims of domestic violence. Similarly, the Utah Department of Health & Human Services maintains one too with information about domestic violence and groups that can help.

For immediate help, no matter where a victim lives, you should call and get help from one of these organizations throughout Utah that provide help and services to victims and even, in some cases, to perpetrators who want counseling.

Finally, victims can always call the  National Domestic Violence Hotline  at 1-800799-7233. It’s available 24 hours a day, seven days a week, or, in other words, it’s open all the time and if you need help, call  now.

Domestic Abuse and Child Custody

Utah courts take domestic abuse very seriously when making decisions about child custody.

As a bit of a reminder, there are two kinds of child custody: one is legal custody and the other is physical custody. In many if not most cases,  physical custody goes to the parent who spends more time with and provides the majority of the daily care for the children. Legal  custody, on the other hand, refers to a parent’s legal right to make important educational, medical, religious, cultural, and other decisions for his or her children. In most cases where there’s been no abuse and parents are able to cooperate, both parents have joint (shared) legal custody.

But everything is turned upside-down when family law judges are confronted with evidence of domestic abuse. The courts have to consider the best interests of a child when they make custody decisions. Those factors include:

  • the child’s relationship with each parent
  • the child’s desire about where to live, if the child is old enough to make a reasonable decision
  • the general health, welfare, and social behavior of the child
  • credible evidence of abuse inflicted on any family or household member, and
  • credible evidence of child abuse or neglect or domestic intimate partner abuse.

A judge  must  consider domestic abuse when making a custody decision. Domestic abuse  between the parents  or against a child  in the current relationship has to be considered, but domestic abuse  in other relationships  is equally important. If a parent was abusive toward a previous partner or another child, the judge may consider that behavior when deciding who should have custody of the children.

Two important cases from the Utah appellate courts provided the public and family court judges with guidance about the role of domestic abuse in custodial decisions. In  Davidson v. Davidson, 254 Neb. 357, 367 (1998), which presented difficult facts about how the children were treated by their parents, the Utah Supreme Court reiterated that a court can’t consider evidence of domestic abuse inflicted on a household or family member unless the evidence is “credible” (meaning, reliable and trustworthy).

In  State ex re. Keegan M. v. Joshua M., 824 N.W.2d 383, 391-92 (Neb. Ct. App. 2012), the court ruled that evidence of abuse against an intimate partner in a prior relationship is enough proof of abuse for a Utah family court judge to grant custody to the non-abusive parent.

Impact on Parent-Time (also called Visitation)

If the court finds, by a preponderance of the evidence (meaning, it’s more likely true than not) that one of the parents has committed domestic intimate partner abuse, then the court’s order must provide for the safety of both the child and the victim parent. The court can order supervised visitation, which means that a responsible adult will be present for monitoring purposes when the abusive parent has visitation time with his or her child.

If the abusive parent completes therapy and classes, the judge may allow a transition period with some unsupervised visitation and eventually end the supervised visitation if it appears the abusive parent has changed.

Termination of Parental Rights

The termination of parental rights means that a parent loses all rights to both physical and legal custody of his or her child.  Utah law allows for termination of parental rights where a parent has subjected a child to severe abuse, including abandonment, torture, chronic abuse, or sexual abuse, or has committed similar acts against the other parent. The termination of parental rights is fairly rare, and courts only use this remedy in the most extreme circumstances. This is also permanent, meaning a parent cannot regain parental rights once they have been lost.

Child Custody Lawyer Free Consultation

If you have a question about child custody or if you need help with visitation, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, December 5, 2018

Wills and Estate Law

Proper estate planning can make sure that your wishes are carried out and your possessions go to your loved ones after your death. However, you may have some questions about how the estate planning process works.

Wills and Estate Law

Estate Planning

As you embark on the estate planning process, you’re likely to come across some unfamiliar terms. The following list isn’t a complete glossary, but it will give you a good understanding of the most common terms.



  • Estate:Everything you own. This includes your home, business, vehicles, and jewelry, but also takes smaller items into account.
  • Estate planning:The process of making arrangements for your estate if you die or become incapacitated. Living wills, last wills, and trusts may all be part of your estate plan.
  • Wills:There are two types of  Last wills give instructions for your estate after your death. A living will outlines your wishes for medical care if you become unable to make decisions.
  • Trusts:Trusts can take several different forms. Most people use trusts to minimize estate taxes and avoid probate. A trust is often similar to a will in that it gives instructions for the care of your belongings, but a trust can go into effect while you are still alive.
  • Estate tax:A tax on your belongings after your death. However, estate taxes are really only a concern for wealthy individuals. For 2015, estates worth less than $5,430,000 do not require the people who inherit them to file an estate tax return.
  • Probate:The process of validating a last will. The person you appoint as the will’s executor is responsible for making sure that your wishes are carried out. The executor may have to gather documentation proving the value of your estate.

What Does Estate Planning Involve?

Your estate plan should be as complete as possible. Estate planning law provides for several things including a will, trust, power of attorney and health care directive; however, there are a few things you must make sure you address are #1 end of life care, #2 inheritances, and #3 life insurance.

  • End of life care:Arrangements for end of life care should be included in your estate plan. Having a living will is essential for this. You may also want to talk to local funeral homes and crematoriums so you can make arrangements for your remains.
  • Inheritance:Carefully consider who you would like to have inherit your possessions, and make sure to follow state law when doing so. Each state has its own unique laws on estate planning. If you do not complete all the necessary paperwork, your property may go to places other than where you intended.
  • Life insurance:Having insurance may help your heirs cover the estate tax if it is a factor. Otherwise, it will help to pay off your final debts and may provide a financial cushion for your loved ones.

More Estate Planning Law

You may be able to take care of estate planning without the help of a legal professional. There are even online legal documents that a court may find acceptable.

However, you should at least talk to an attorney about your estate plan. Lawyers are familiar with local regulations. They can look over your documents to make sure that you haven’t missed any important details.

Hiring a lawyer is particularly important if you wish to set up a trust. Because there are so many different types of trusts, you will need guidance on which type is the most appropriate for your situation. A lawyer can also advise you on how to change the terms of a trust or a will if it becomes necessary.

Estate Planning Free Consultation

If you are here, you probably have an estate you need help with. If that’s you, then call Ascent Law for your free consultation (801) 676-5506. We can draft your will, trust, durable power of attorney, and health care directives. We can also help you amend or change those documents. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Business Data Breach Law

Business Data Breach Law

One things that you know for sure is that you must safeguard others personal information, often the result of a compromised password or sensitive data pulled from the garbage. But businesses that collect personal information such as addresses, credit card numbers or even Social Security numbers have a great responsibility to prevent data breaches and protect their customers from identity theft.

This article covers the various types of business data breaches, including ways to minimize your risks and — if a breach has occurred — how to respond.

Difference Business Data Breaches

Personal information potentially used to steal one’s identity or illegally access financial accounts can be compromised in a number of different ways:

  • Unintended Disclosure – Information is mistakenly disclosed online or sent to the wrong party via email, fax or other means.
  • Hacking or Malware – An outside party gains electronic entry, either directly or through malware (i.e. spyware or trojan horses).
  • Payment Card Fraud – A thief uses a skimming device or other method to obtain credit card numbers at a retail counter.
  • Insider – An employee, contractor or other individual with legitimate access intentionally breaches otherwise secure data.
  • Physical Loss – Lost, stolen or discarded paper documents with sensitive customer data are obtained by identity thieves.
  • Portable Device – Lost or stolen computer, smartphone, memory device, CD or hard drive falls into the wrong hands.

Not all data breaches result in identity theft. For example, stolen credit card numbers can be used until the customer cancels his or her account but generally don’t give the thief access to one’s identity (which typically requires an address, date of birth and Social Security number).

Make Sure You Contact Law Enforcement

Notifying your local police department immediately after learning about a data breach of customer data is the best way to minimize the damage and also demonstrates a good faith effort to protect your customers. Most states have laws requiring businesses to notify the police, business partners and customers if their personal data has been compromised.

If your local police department is not experienced with identity theft or other information security matters, contact your local FBI or U.S. Secret Service office. For incidents involving mail theft, call the local office of the U.S. Postal Inspection Service.

You Should Notify Other Businesses

A data breach can sometimes affect banks, credit issuers, business partners or other affected organizations. If account information such as credit card or bank account numbers has been stolen, but you don’t maintain those accounts, be sure to call the relevant financial institutions so they can monitor for fraudulent activity.

How to Notify Customers, Clients, Patients, & Other Affected Parties

Early response to a data security breach is the key to preventing, or minimizing the damage from, identity theft or other potential misuse of personal information. While most states require businesses to notify customers about known data breaches, a federal bill known as the Data Accountability and Trust Act is expected to pass soon.

The Federal Trade Commission recommends consulting with local law enforcement officials before releasing a notification so it doesn’t impede the investigation. The FTC also suggests businesses designate a contact person to facilitate the notification process, using letters, web sites and toll-free numbers to communicate with affected individuals.

Your security breach notice should generally follow these guidelines:

  • Describe clearly what is known about the compromise, including how it happened, what data was taken and (if possible) how information has been used by thieves and what actions have been taken to remedy the situation.
  • Explain how people should respond to the data breach, including the contact information of appropriate organizations and agencies
  • Include current information about identity theft in general
  • Provide contact information for law enforcement officers working on the case
  • Encourage victims of identity theft to file a complaint with the FTC

How to Protect Personal Information

It’s in the best interests of every business to prevent data security breaches in the first place. The FTC suggests the following five principles for protecting the sensitive information of your customers and business partners:

  1. Take Stock: Know what personal information is in your organization’s files and computers. This includes smart phones, removable flash drives and information that may be shared with other organizations.
  2. Scale Down: If you don’t need it, it’s a potential liability and should be securely disposed of. As a rule thumb, only keep personal information for which there is a legal or business necessity.
  3. Lock It: Make sure all personal information is both physically and electronically secure, which includes knowing exactly where all sensitive data is stored. Remember that any security system is only as strong as its weakest link.
  4. Pitch It: Use wipe utility programs to thoroughly erase any possible personal data from all decommissioned computers and make sure you shred paper records before recycling them. Identity thieves often find valuable information in the garbage.
  5. Plan Ahead: Devise a plan for responding to security breaches before they happen. A swift and professional response is key to recovering from a potentially damaging data security breach.

Business Data Breach Lawyer Free Consultation

If your business has suffered a data breach, you should also contact the business data breach lawyers at Ascent Law, LLC. We want to help you resolve the issue, salvage and protect what you can, and prevent it from happening again. Call us for your free consutlation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, December 4, 2018

Remarriage After Divorce

Remarriage After Divorce

Studies have shown that remarriage after divorce has been steadily rising for a number of years, which means people after divorce are getting married again at record rates. According to one 2014 study, approximately 40 percent of marriages involve at least one spouse who has been married before, while in 20 percent of marriages, both spouses had been previously married.

The data for the study came from the 2013 American Community Survey, along with prior census data that contained marriage information. As of 2014, approximately 42 million adults in the United States were remarried — double the amount of 1980 and triple the amount seen in 1960.

Demographics for Remarriage after a Divorce

Through the survey, researchers revealed there are certain demographics that are more or less likely to get remarried than others.

For example, age made a big difference in a person’s desire to remarry. People who are divorced in their 20s or 30s are, perhaps unsurprisingly, significantly more likely to remarry than people who are divorced in their 50s or 60s. However, even older people (65 and up) are remarrying at much higher rates than they had in the past. In 1960, only 34 percent of people who were 65 and older had remarried, versus 50 percent in 2013. Researchers speculated this could be due to longer life expectancies today.

Meanwhile, 75 percent of people between 25 and 34 who were eligible to remarry in 1960 had done so — versus only 43 percent in 2013. So, while young people are more likely to remarry if divorced while young, they are also likely to take their time in doing so, at least compared to previous generations.

How to Bring Up a Prenuptial Agreement as a Possibility Before You Get Remarried

Prenuptial agreements may be on the rise in terms of their popularity, but that doesn’t make it any easier for you to ask your partner for one. It can be a difficult conversation to navigate, even if the agreement would be beneficial for both people entering a marriage. Therefore, broaching the subject requires some tact.

The following are some tips to help you approach the prenup conversation in a positive and sensitive manner:

  • Don’t make it a surprise: The idea of a prenup is never something you should spring on your partner at the last minute. This is a conversation you should begin having as early as possible. You owe it to your partner to provide a reasonable amount of time to think about the possibility of a prenup. This will help you gauge his or her feelings about a prenup and concerns.
  • Know it’ll be a difficult conversation: There’s no getting around the heaviness associated with the prenup conversation. There will be some momentary tension in the relationship that arises as a result. It’s important to be open and honest. If you are serious about getting married, this sort of open communication is something both of you should value and respect.
  • Emphasize the benefits: One of the main talking points in the prenup conversation should be how much you stand to de-complicate a potentially messy situation by using one. If the worst-case scenario happens and your marriage ends in divorce, the process will be much simpler and quicker. You should also be sure to emphasize that the benefits of a prenup exist for both sides.

Suggest the two of you make the agreement together. If you are both active participants in creating the agreement, there will be less concern about an imbalance of power in the relationship and agreement.

Divorce Attorney Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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