A prenuptial agreement is a great way to protect your assets, especially in worst-case scenarios. Planning for different possible outcomes is crucial to protect what you have worked so hard to achieve in your life before, during, and after your marriage. If you are considering entering into a prenuptial agreement, need someone to prepare a prenuptial agreement for you, or are looking to enforce a prenuptial agreement, the legal team at Hogan Omidi, PC, is here to help you. Call us at (303) 691-9600 or contact us online to request a confidential consultation with one of our Greenwood Village prenuptial agreement attorneys.
Who Needs a Prenuptial Agreement?
Anyone who would like to avoid the state’s default rules regarding property division upon divorce or death can potentially benefit from a prenuptial agreement. Entering into a prenuptial agreement basically puts you in charge of how you and your future spouse will recognize property instead of depending on the state’s established rules.
Prenuptial agreements can benefit couples who:
- Have significant separate assets they want to protect in case of divorce or death
- Have property they want to ensure stays separate even if the asset increases in value over the course of their marriage, such as retirement benefits or real estate holdings
- Want to protect a family business or inheritance from one side of the family
- Have children from a previous marriage they want to provide for
- Want to create guidelines on their financial rights and duties during the marriage
Legal Requirements for Marital Agreements in Colorado
Colorado marital agreements can be entered into before or after marriage, so long as they are not entered into in contemplation of divorce. Because marital agreements can involve significant rights and waivers of certain rights, there are procedural and substantive safeguards to ensure that the process is fair. For example, both spouses must have the opportunity to consult with their own lawyer and review the prenuptial agreement before entering into it. If one of the parties voluntarily chooses not to be represented by legal counsel, there must be a written advisement that clearly states the rights the spouse might be waiving by entering into the agreement.
The agreement must be entered only after the parties provide full and fair disclosure regarding their finances. As well the agreement must not have been signed under duress.
There are rules about what types of terms can and cannot be included in a prenuptial agreement in Colorado. For example, prenuptial agreements cannot waive a party’s rights regarding child custody or child support. Sometimes, the parties want to set a limit for spousal maintenance or eliminate it altogether. No matter how carefully such provisions are drafted, a Colorado divorce court always has the power to take a second look at the fairness of such provisions in the event of divorce.
We Want to Help You Protect Your Assets
The dedicated legal team at Hogan Omidi, PC, wants to help you protect your assets and create a clear plan for your future. We can draft a prenuptial agreement that protects your interests. We can also review an agreement someone else has prepared or take steps to defend your prenuptial agreement in court if it is contested. Our in-depth knowledge of Colorado family law will directly benefit you. Call us or contact us online to schedule a confidential consultation with a knowledgeable Greenwood Village prenuptial agreement attorney.