Colorado Springs Prenuptial Agreement Lawyer
Experienced Family Law Attorneys Protect the Rights and Interests of Clients Negotiating Prenuptial Agreements in El Paso County, Teller County, Pueblo County, and Throughout Colorado
So you’re engaged to be married! Congratulations! At Brighter Day℠ Law, we know that sometimes the discussion about a prenup, or premarital agreement, can sometimes come up while planning the wedding or honeymoon. While it’s not the most romantic of topics, it’s also not meant to be. Prenuptial agreements exist to allow individuals to plan out how certain financial decisions should be made now and in the future. These contracts can be complicated to prepare, so it helps to have a Colorado Springs prenuptial agreement lawyer from Brighter Day℠ Law to help.
Perhaps you want to have a prenuptial agreement prepared or your future spouse asks you to sign one. Or perhaps you’re in the middle of a divorce and have questions about the enforceability of your prenup. Either way, at Brighter Day℠ Law our Colorado Springs prenup attorneys have the knowledge and experience to help you navigate through the legalities and to make the most of these marital contracts.
Table of Contents
- Prenuptial Agreements in Colorado
- Things Often Included in a Prenuptial Agreement
- Reasons to Have a Prenuptial Agreement
- Signing a Prenuptial Agreement in Colorado
- Reasons A Premarital Agreement Would Be Unenforceable
- Contact A Qualified Colorado Springs Prenuptial Agreement Lawyer for Assistance Today
- Frequently Asked Questions About Prenuptial Agreements in Colorado
Prenuptial Agreements in Colorado
Also called a premarital or antenuptial agreement, a prenup is a special contract between two people who plan on getting married. CO Rev Stat § 14-2-301: defines a prenup as:
“an agreement between individuals who intend to marry 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 […] A premarital agreement must be in a record and signed by both parties, and becomes effective upon marriage […] If a marriage is determined to be void, a premarital agreement is enforceable to the extent necessary to avoid an inequitable result.”
In other words, you can think of prenuptial agreements as providing a method for future spouses to outline their financial rights and obligations should a divorce occur.
When we look at what is commonly included in a prenuptial agreement, we can get a better understanding of what they are and why it’s a good idea to have one.
Things Often Included in a Prenuptial Agreement
Besides love, marriage represents a legal union between two people. In most situations, married couples are perfectly content with the legal effects of marriage. But in some situations, what happens during marriage and a later divorce goes against what either spouse may want. Therefore, the prenup provides an opportunity for the couple to address certain legal and financial issues before the marriage begins, including:
- Separation of property or debts during a divorce, regardless of how they were obtained.
- Adjustments to alimony or other forms of spousal support.
- Distribution of life insurance death benefits.
- And more.
Reasons to Have a Prenuptial Agreement
When planning for a wedding, the last thing most people want to talk about is the possibility of a future divorce. But for many couples, this unromantic part of marital planning is very important.
Most people think prenups are only needed when one of the parties has a large estate. This is not true. There are several other reasons why entering into a prenuptial agreement can be a good idea for almost anyone:
- A prenup can preserve the rights and responsibilities of either spouse in the event that they have children from another relationship that they want to continue providing for.
- If either spouse has a strong desire for privacy, a prenup can ensure that there is no need for a long, drawn-out, and contentious divorce process.
- If the couple wants to save time and money in the event of a divorce, a prenup can help them to avoid excessive legal fees later on down the road for this type of litigation.
- If either spouse wants to protect an asset, such as a business, from division or sale during a divorce, a prenup can provide adequate protection.
- Premarital agreements encourage couples to talk openly and honestly about their finances and their future.
Signing a Prenuptial Agreement in Colorado
A prenuptial agreement is drafted and finalized in Colorado just like any other legally binding contract. Therefore, each person must:
- Voluntarily enter into the prenup.
- Be completely open and honest about their assets and debts.
- Have sufficient opportunity to make an informed decision as to whether or not to sign the prenup.
- Decide whether to retain a lawyer to provide independent legal representation; and
- Locate a lawyer to provide independent legal representation, obtain the lawyer’s advice, and consider the advice provided.
This means pressuring someone into signing a prenup, asking them to sign it at the last minute, or hiding debt or property can make a prenup unenforceable by law. Prenuptial agreements must also be in writing and signed by both parties.
One thing that’s not required is for the prenup to be fair. However, the premarital agreement cannot be so unfair that it’s grossly unreasonable. If you sign a prenuptial agreement without proper legal counsel, you should be aware that you may be:
- Giving up your right to be supported by the person you are marrying or to whom you are married.
- Giving up your right to ownership or control of money and property.
- Agreeing to pay bills and debts of the person you are marrying or to whom you are married.
- Giving up your right to money and property if your marriage ends or the person to whom you are married dies.
- Giving up your right to have your legal fees paid.
If you’re thinking about signing a prenuptial agreement or having one prepared for you and your spouse, please contact an experienced Colorado Springs prenuptial agreement lawyer from our firm as soon as possible so that we can ensure that your rights are fully protected.
Reasons A Premarital Agreement Would Be Unenforceable
If you are in the middle of a divorce and have questions about the enforceability of your prenup, you need experienced legal representation to review the agreement you signed. A premarital agreement is unenforceable if a party against whom enforcement is sought proves:
- Their consent to the agreement was involuntary or the result of duress;
- They did not have access to independent legal representation; or
- They had independent legal representation at the time the agreement was signed, but the agreement did not include a notice of waiver of rights or an explanation in plain language of the marital rights or obligations being modified or waived by the agreement; or
- Before signing the agreement, the party did not receive adequate financial disclosure.
A premarital agreement, or an amendment of one, that is not in a record and signed by both parties is unenforceable.
Contact A Qualified Colorado Springs Prenuptial Agreement Lawyer for Assistance Today
At Brighter Day℠ Law, we know that bringing up the idea of a premarital agreement with a future spouse can be a delicate proposition. But we also know how important the prenup can be and will help you to create a contract that will protect your financial interests and your future.
If you are considering a prenuptial agreement or have questions about the enforceability of one previously signed, contact a Colorado Springs prenuptial agreement lawyer from our firm for an initial case review to learn more about how our lawyers can help.
Frequently Asked Questions About Prenuptial Agreements in Colorado
No. Unfortunately, prenuptial agreements do not contain provisions concerning the interests of a child. And if they do, a court will almost always ignore those portions of the agreement. This is for two primary reasons. First, the child isn’t part of the contract, so it would be impossible to hold them to the terms of the prenup. Second, during a divorce, a court will consider the best interests of the child first and foremost when deciding on important family law issues, such as child custody or child support. Meaning that the court will not take into consideration what you, as the parents, agreed upon at an earlier time.
No, but we cannot stress enough how important it is for each of you to have your own legal representation anyway.
Sometimes people attack the validity of a prenup by arguing that they didn’t know what they were signing or that they were unfairly coerced into signing it. It’s a lot harder to make these arguments when both parties have their own attorney present from the start.
Additionally, each attorney will have their client’s best interests in mind. They will provide each of you with sound legal advice about the terms of the premarital contract and whether it’s a good idea to sign based on your unique set of circumstances. Your attorney can also improve the prenup’s chances of enforceability should it become necessary during a divorce later on.
If one of the parties decides not to retain a lawyer, there will have to be special language included in the premarital contract stating that they are voluntarily entering into the agreement and consent to all terms.
For more information, contact a Colorado Springs prenuptial agreement lawyer from our law firm today.