Marital Agreements / Prenuptial Agreement Lawyers in Colorado
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. Such agreements can be used to protect your separate property interests into the future and outline your rights and interests should your marriage end in a legal separation or divorce.
A prenuptial agreement, premarital agreement, or "pre-nup" can be entered into prior to a marriage. A marital agreement, postnuptial agreement, or "post-nup" can be entered into after the marriage.
Premarital or post-marital agreements can be 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 his or her 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.
Spousal Maintenance & Child Support
A premarital or marital agreement cannot adversely affect the right of a child to child support (you can't contract away the responsibility to provide child support). Spousal maintenance (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.
If you are interested in a pre-marital agreement or post-marital agreement, call us to discuss how we can assist you to enter into an agreement that protects your interests. If you are considering a divorce or legal separation and you have previously entered into a martial agreement, call us at (720) 809-8310 to arrange a consultation to discuss your case.
To obtain more information, reach out to us today.