Colorado Prenuptial and Postnuptial Agreements
Couples who intend to be married or enter into a civil union and those who are already married or in a civil union may enter into a contract between themselves that dictate how property and debts will be shared or divided as well as how spousal maintenance and attorneys fees will be paid if at all, upon the dissolution of a marriage or civil union.
The reason most people enter into pre and postnuptial agreements is to attempt to have some certainty and predictability regarding the financial aspects of a divorce or dissolution of the relationship. These agreements can be valuable especially to those who come into the marriage with significant assets or debts or perhaps are on a second marriage and have children to whom they want to pass property.
A premarital agreement or marital agreement to be enforceable:
- Must be in writing and signed by both parties;
- Must be voluntarily signed;
- Each party must have time to consult with a lawyer of their choosing to advise them on the agreement; and
- Each party must have adequately disclosed their finances.
Terms that attempt to limit or eliminate, spousal maintenance or attorneys fees will be subjected to a higher level of scrutiny and will only be upheld if doing so would not be “unconscionable” at the time a party wishes to enforce the terms of the agreement.
Poorly written premarital and marital agreements will be worthless upon a divorce. You want to have an attorney who has experience with drafting a solid agreement that will hold up when a relationship ends.
Call us at 303-228-2285 and schedule and appointment if you would like a prenuptial or postnuptial agreement drafted for a flat fee.