Getting married is a big decision. Not only is it a commitment to spend the rest of your life with someone, but there are also serious legal and financial consequences to marriage. Although most couples do not like to think about what will happen in the event of a divorce, for many couples, prenuptial agreements can bring peace of mind. Generally, it is better to settle issues related to property and financial rights while the couple is amicable, rather than after a dispute has already arisen. At Johnson Law Group, we work closely with our clients to address all of the potential issues that a couple may encounter during their marriage, and make sure they plan accordingly. If you are considering a prenuptial agreement, contact our Colorado family lawyers at (720) 463-4333.
While there is no one-size-fits-all prenuptial agreement, they are generally used to address financial and property issues. A prenuptial agreement is a binding contract between spouses that anticipates potential disputes and settles what will happen should the couple divorce. A post-nuptial agreement serves the same purpose as a prenuptial agreement, but the only difference is that it is entered into after the marriage.
Some of the main topics a prenuptial agreement in Colorado might cover include:
While these are some of the more common issues, a prenuptial agreement can handle almost any topic, as long as it is not expressly prohibited by law. If there is a unique situation or asset involved in your marriage, consider speaking with a Colorado family attorney at Johnson Law Group to help draft a strong, enforceable prenuptial agreement that adequately accounts for your circumstances.
Some issues are legally impermissible to address in a prenuptial agreement in Colorado. Colorado passed the Uniform Prenuptial Agreement Act, which expressly prohibits enforcement of the following terms:
While prenuptial agreements are very common, they can be held unenforceable if they contain certain defects. An unenforceable agreement means that, even if you and your spouse agreed upon the terms when it was initially signed, a judge cannot force either party to comply with it. An experienced attorney may be able to prevent this scenario by ensuring that the language is properly drafted and comports with Colorado law.
Some reasons why a prenuptial agreement may be held unenforceable include:
There is a lot that can go wrong in drafting and enforcing a prenuptial agreement, which is why it is typically advisable for both spouses to be represented by legal counsel, who may assist in negotiating, drafting, and reviewing the agreement to ensure it not only meets the needs of the parties, but also complies with all of the requirements under Colorado law. At Johnson Law Group, we have experience handling prenuptial agreements and pride ourselves on our ability to work with our clients to reach fair and equitable agreements.
We understand that every couple has unique needs. Whether you and your fiancé will be inheriting money, buying property together, or running a business, you may wish to discuss what will happen to these important financial concerns before you get married. Call our office at (720) 463-4333 or contact us online to set up a consultation with an experienced Colorado family lawyer about your prenuptial agreement.