Family Law

Marital Agreement / Prenuptial Agreement Lawyers in Colorado

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Colorado couples who are planning a marriage, or who are already married, can make contractual agreements between themselves to protect separate property interests and finances in case of a later divorce or legal separation.

There are two types of marital agreements that apply:

  • Prenuptial: Also called a premarital agreement or a “pre-nup”, it is created prior to a marriage.
  • Marital: Also called a postnuptial agreement or “post-nup”, it is created after a marriage is officiated.

In modern times, prenuptial and marital agreements have been relieved from their stigma and are now common between married couples. If you are concerned about what could happen to your separate property, finances, and rights in case of a marriage, then you should already be thinking about using a marital agreement or prenuptial agreement.

Here at Jorgensen, Brownell & Pepin, P.C., our family law team is always happy to help married couples or soon-to-be married couples figure out their futures ahead of time with prenuptial and postnuptial agreements. We have been there for couples across Colorado, and we would be glad to be there for you, too. Together, we can work on an agreement that satisfies you and your spouse or fiancé.

Creating Agreements That Work

Hanging over any prenuptial or marital agreement are the legal expectations of a Colorado family law court. Your agreement needs to be drafted in a way that not only makes sense to the court, but that also adheres to basic requirements. To put it simply, a prenuptial or marital agreement needs to be legally sound and fair to both parties. It will be our job as your Colorado prenup lawyers to help make certain your agreement meets all prerequisites.

Premarital or post-marital agreements are only enforceable if they meet certain conditions:

  • Agreements must be in writing and signed by both parties.
  • Consent to the agreement must be voluntary and not the result of duress.
  • Each party must provide to the other a fair and reasonable disclosure of their property or financial liabilities before executing the agreement. Said another way, the party against whom enforcement is sought has to have provided adequate financial disclosures to the other party.

Should You Choose to Make a Prenup?

Prenuptial and marital agreements are a great way to relieve some of the pressures of a marriage. Rather than worrying about what could happen in case you ever decide to divorce, you will find peace of mind in knowing that there is already a plan in place to handle things. Prenuptials can also save you and your spouse time and money because you will, theoretically, spend less time in a courtroom or conference room trying to argue for your interests. With all of this said and known, prenuptials and marital agreements can benefit any married or engaged couple.

If you are interested in learning more about a premarital agreement or post-marital agreement, call our Colorado marital agreement lawyers at (720) 491-3117. If you are considering a divorce or legal separation and you have previously entered into a martial agreement, we can help you prepare for the next steps, too.

Spousal Maintenance & Child Support Considerations

A premarital or marital agreement cannot adversely affect the right of a child to child support, meaning that you can't contract away the responsibility to provide child support. Spousal maintenance or alimony can be addressed in a martial agreement, but a court can review the terms of the agreement at the time that the parties divorce or separate to see if the spousal maintenance term is fair and appropriate at that time. In other words, the court will highly scrutinize any mention of child or spousal support in your prenuptial or marital agreement, so it needs to be drafted correctly and by a professional attorney.

Child custody is also an “out of question” topic for prenuptial agreements. Courts will only make child custody decisions based on the most current information available to ensure a child’s best interests are upheld. Since prenups and post-nups are written ahead of time, they cannot under any circumstance be reflective of the “most current” information.

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