Protecting Assets Before You Marry

Getting married is an exciting event. Today, more and more people are getting married at a later age and have accumulated assets that they may want to protect from the ravages a divorce can bring to their financial lives should the marriage not work. Many people who are considering a second marriage decide that a premarital agreement, often referred to as a prenuptial agreement, will help protect their finances and their children of a prior marriage.

In Colorado, premarital agreements are governed by the Colorado Marital Agreement Act. C.R.S.§ 14-2-301, et seq.

Protecting Your Assets Before You Say "I Do"

Having a premarital agreement drafted properly by a licensed attorney who understands family law and how the law is applied is essential if you ever need the premarital agreement to stand up in court. Our Denver prenuptial agreement lawyers can help ensure that your contract is enforceable in court.

Premarital agreements generally cover the following:

  • Assets
  • Debts
  • Separate property
  • Marital property
  • Maintenance, should the marriage end in divorce or death of a spouse

A premarital agreement can be as detailed as who will share what percentage of income into a joint savings account. In many ways, a premarital agreement can be a financial roadmap for the marriage and will solve a lot of potential financial arguments before they begin.

Enforcing a Premarital Agreement

The most important aspects for the enforceability of a premarital agreement are:

  1. Full disclosure of finances by both parties
  2. The agreement was entered into voluntarily

If either is missing, the premarital agreement may not be enforceable in court. Full disclosure is what a court will deem fair and reasonable, and assures that each party was adequately informed to have the capacity to voluntarily enter into the agreement. Voluntarily means that the agreement was not signed under duress, such as threatening to call off the marriage at the last moment.

It is important that both parties have adequate time to consider the agreement and to consult with an attorney of his or her choice. A premarital agreement should never be presented to your future spouse on the eve of a marriage.

If you have a premarital agreement make certain that your will reflects the terms of the agreement as applied to your estate.

Call an Experienced Denver and Boulder Prenuptial Agreement Attorney

If you want your premarital agreement to hold up in court, call our Denver and Boulder premarital agreement lawyers at 866-604-2791 or send us an email to schedule an initial consultation.