Denver Prenuptial Agreement Attorney

When preparing for marriage, you and your future spouse will have countless things to consider. One issue that is likely to come up is whether you need a prenuptial agreement.
Contrary to popular belief, prenuptial agreements are not just for the wealthy. Most people have interests they want to protect if the worst should happen in their marriage.

Fortunately, our attorney can help you and your partner create an agreement that works for you both. With the firm’s approach, you and your partner can get skilled guidance on the requirements you need to meet without the stress and added costs of multiple meetings. In most cases, our lawyer can help you both negotiate an agreement in just a few sessions.

To get your free case assessment with our prenuptial agreement attorney, contact YouLaw Colorado at (720) 815-4421.

Understanding Prenuptial Agreements in Denver, CO

Prenuptial agreements have become much more common over the last few decades. Also referred to as premarital agreements or simply “prenups,” they are essentially legally binding contracts that set out the terms of a divorce if a marriage ultimately ends. A prenuptial agreement does not signal that the soon-to-be spouse lacks faith in their commitment. It is just a way of preparing for worst-case scenarios and protecting assets and interests that existed before the marriage.

Many people think prenuptial agreements are just for financial reasons, but numerous issues can be addressed in a prenup. It can be used to distinguish debts that were acquired before the marriage, like student loans. Premarital property can also be identified and separated from property purchased after the marriage. Spousal maintenance, sometimes referred to as alimony, can also be negotiated. What you want included in your premarital agreement will depend on the circumstances of your relationship and your future spouse’s interests.

While it might seem like forming a prenuptial agreement can be stressful, it does not have to be. Our prenuptial agreement attorney can help you and your future spouse draft a contract that protects your assets while respecting your relationship. With our lawyer’s hybrid approach, you and your partner will save time and money without losing the full range of services you deserve. If you leave the matter up to the court, it will be hard to know what the result will be.

Denver courts divide assets equitably among divorcing spouses in the absence of a prenup. However, this does not mean an equal split. Equitable refers to what is fair. Unfortunately, you and the judge might not agree about what is fair. Hence, it is better for you and your spouse to plan your future than have the court decide.

Requirements Prenuptial Agreements Must Meet to Be Valid in Denver, CO

A good reason to work with our attorney is to be sure your prenuptial agreement is legally sound. People give up very important rights when they sign a prenup, so each of the following requirements must be met for it to hold up in divorce proceedings:

A Record Signed by Both Parties

A prenuptial agreement is a contract. Thus, it needs to be in writing and signed by each party to be considered valid, according to Colo. Rev. Stat. § 14-2-306 and § 14-2-309(8). However, the prenup only goes into effect once the marriage is done under § 14-2-307.

Consent to the Agreement is Voluntary

Each party must also have voluntarily entered into the agreement, according to § 14-2-309(1)(a). This means that one partner cannot put undue pressure on the other partner to accept the agreement. If one spouse can show that they only agreed to the prenup because they were put under duress, it will not be enforceable.
Each Party Had Access to Independent Legal Counsel

Each person must have access to a lawyer and be given the opportunity to discuss the prenup with them, as per § 14-2-309(1)(b). Under § 14-2-309(2), the court will find that someone had access to independent legal representation if the party had a reasonable amount of time to consult legal counsel and get their advice. The other party must have the financial means to hire a lawyer otherwise the other partner must agree to pay for reasonable expenses.

However, future spouses can get around this requirement if the agreement includes a waiver of rights.

A Waiver of Rights if the Parties Are Not Represented by Counsel

If the prenup includes a waiver of rights, legal counsel does not need to be consulted to be enforceable, according to § 14-2-309(1)(c). For a waiver to be considered valid, it must be in clear language, conspicuously displayed, and detail the rights the person is waiving under § 14-2-309(3). This means acknowledging giving up the right to certain property, spousal support, agreeing to pay debts, and any other conditions listed in the prenuptial agreement. You might also be giving up your right to recover the legal fees you will need to pay if it comes to divorce.

Parties Are Given Adequate Financial Disclosure

Both parties must also give adequate financial notice to the other, according to § 14-2-309(1)(d). Every person getting married has a right to know what financial situation they are walking into when a prenuptial agreement is at issue. Under § 14-2-309(4), if one party has a reasonable, accurate, and good-faith estimate of their finances and has a reasonable way of determining that, the court will consider the financial disclosure adequate. This means providing information on properties you own, debts you still have, and any other prior agreements or obligations.

The Agreement Does Not Violate Custodial Responsibilities

Under § 14-2-310(1), prenups must not violate “custodial responsibilities,” including parenting time, visitation, and any other parental right or responsibility. If a prenuptial agreement adversely impacts a child’s right to support or limits remedies in the event of domestic violence, the prenup will be unenforceable under § 14-2-310(2). If the premarital agreement does include terms limiting the custodial rights or duties, they are not binding on the court even if both parties agree to the terms, as per § 14-2-310(3).

The Agreement is Not Unconscionable

A prenuptial agreement must also not be unconscionable, meaning that it cannot be so egregious or offend public policy to the degree that it cannot stand, according to § 14-2-309(5). If an agreement amends, limits, eliminates, or affects spousal maintenance or how attorney fees should be paid, the court can exclude those terms from the prenup.

However, it is up to the court to decide whether a term is unconscionable or not.

Our Denver, CO Prenuptial Agreement Attorney Can Help

Get help from our experienced prenuptial agreement attorney at YouLaw Colorado by dialing (720) 815-4421 for a free case review