Denver Prenuptial Agreement Lawyers
Protecting Your Assets Before You Marry
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 could potentially 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.
If you are entering your first or subsequent marriage and would like to come to a prenuptial agreement with your future spouse, Frost & Beck, PC can make the process easy and effective for everyone involved. We understand that “prenups,” as such agreements are often called, can be viewed negatively, but there is nothing wrong with a soon to be married couple wanting to protect their assets, belongings, and children as a contingency plan. Our Denver prenuptial agreement attorneys are happy to help you and your partner draft an agreement that works best for you both, with no stigma or discomfort attached.
How Does Colorado Law Define Prenuptial Agreements?
In Colorado, prenuptial agreements are governed by the Colorado Marital Agreement Act. C.R.S.§ 14-2-301 and subsequent sections define a "marital agreement" as “an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event.”
This means that a prenup can also kick in if one of the parties passes away while the marriage contract is still valid, so even if you and your partner can’t fathom ever getting a divorce, having a plan in place can still be a good way to prepare for a worst-case scenario. We understand that considering such possibilities is far from enjoyable and will do everything we can to tailor our representation to your specific needs and ensure you and your partner are as comfortable throughout the process as possible.
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:
- 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:
- Full disclosure of finances by both parties, and
- 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 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 & Boulder Prenuptial Agreement Attorney
Though there are many benefits to having a mutually agreed upon prenuptial agreement in place prior to marrying your partner, you may still be unsure whether it’s worth pursuing or not. We are happy to discuss your situation with you in detail during a confidential and no-obligation legal consultation. One of our experienced Denver prenuptial agreement lawyers can help you determine whether a prenup is right for you. If so, we will walk you and your partner through the process and ensure your premarital agreement will hold up in court.
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