While entering into a prenuptial agreement isn’t one of the more romantic parts of wedding planning, it can be one of the most important. After you marry, the state will have default rules that can impact your property rights if you ever decide to get divorced. If that time ever comes, having a plan in place that describes how your property will be divided can make the processes easier. A knowledgeable Cherry Creek prenuptial agreement attorney with Hogan Omidi, PC, can help create a prenuptial agreement that is suited to your needs. Call us at (303) 691-9600 or contact us online to schedule a confidential consultation and learn more about creating a prenuptial agreement.
Rules for Property Division in Colorado
If you get divorced in Colorado, the court will divide your marital property in a fair manner. Only marital property is subject to division under Colorado law. However some of the things Colorado law considers as marital property may come as an unexpected surprise to someone who already has valuable assets, an interest in a family business or the potential to inherit significant property. Absent a prenuptial agreement that protects such things, if your interest in a family, business, and inherited asset or a premarital investment goes up in value, that increased value will be marital.
Who Should Get a Prenuptial Agreement?
Prenuptial agreements are written agreements between two people who plan to marry. These contracts should be individualized to fit the needs of the partners. Some reasons why you might consider getting a prenuptial agreement include:
- You have children from a previous marriage and want to protect their inheritance
- You have significant separate property and you do not want your partner to unintentionally become a part owner in it or be due money if it increases in value
- You own a family business and you don’t want to have to value it in the event of divorce
- You want to protect a family inheritance
- You and your partner have different styles of handling money and you want to create clear guidelines regarding your responsibilities during the marriage
Best Practices for Your Colorado Prenuptial Agreement
Here are some tips to obtain a good quality Colorado prenuptial agreement:
- Talk about your plans with your partner well before the wedding to avoid any arguments that your spouse was under duress at the time of signing the agreement
- Provide a full and fair disclosure about your finances before signing the prenuptial agreement and insist on the same from your partner
- Have a separate lawyer for each of you because your interests will not be aligned
- Do not include information about child support in your prenuptial agreement as this type of provision is not valid
Contact Our Cherry Creek Prenuptial Agreement Attorneys for a Confidential Consultation
The Cherry Creek prenuptial agreement attorneys from Hogan Omidi, PC, are here to help with your prenuptial agreement. Call or contact us online to schedule a confidential consultation with one of our knowledgeable attorneys.