Marital and Prenuptial Agreement Lawyers in Broomfield
Empowering Couples: Navigating Prenuptial Agreements with Care
Nearly 50% of marriages end in divorce, yet only 15% of couples enter these relationships with a prenuptial agreement. The reasons couples choose not to take protective measures vary.
Some believe it indicates a lack of trust or that prenuptial agreements are an omen of failure. Others feel overwhelmed by the legalities or fear the stigma that discussing finances might bring.
We understand these concerns, yet we have seen far too many couples face unnecessary stress and conflict during divorce proceedings because they did not take proactive measures.
For over 30 years, the family law team at Jorgensen, Brownell & Pepin, P.C. has guided couples through the process of establishing premarital and postmarital agreements using a strategic yet empathetic approach that respects our clients and their unique family dynamic.
Whether you need expert legal solutions to protect your financial interests, clarify financial responsibilities, or secure your children’s future, we are dedicated to providing personalized and empathetic legal guidance.
Let us help you take proactive steps toward protecting your future. Contact us today to learn more about our marital and prenuptial agreement services.
Disrupting the Stigma Surrounding Prenuptial and Postnuptial Agreements
While statistics show that most couples choose not to establish legal premarital arrangements, we have made it our mission to break the stigma surrounding the prenuptial agreement.
When we work with clients, our goal is to shift perceptions about these legal agreements from being seen as anticipatory to proactive. Thirty years of family law experience has shown us that premarital (and even postnuptial) agreements can actually enhance relationships by:
- Encouraging open communication
- Providing more financial clarity and security
- Ensuring couples work together while maintaining financial independence
- Helping couples responsibly manage both individual and joint debt
- Protecting the interests and futures of children from previous relationships
- Fostering feelings of equality and fairness in financial matters
Whether you are planning to marry or already navigating marriage, understanding the legal mechanisms we use to protect your assets and financial well-being is essential. Let our experienced legal team be your guide. Contact us today!
What You Should Know About Prenuptial and Postnuptial Agreements
A prenuptial agreement is a contract signed by spouses before they marry.
A marital or postnuptial agreement is a similar contract, but it is signed during the marriage.
Prenuptial and postnuptial agreements specify how assets will be divided in the event of a divorce. They can alleviate many difficulties and uncertainties that can arise if the marriage should end.
Here are additional important details about prenuptial and postnuptial agreements:
- Disclosure is Essential: Prenup and marital agreements must be created with full disclosure: You cannot hide assets or deceive your partner about their worth, and you cannot threaten or coerce your partner into signing such an agreement.
- Legal Advice: Your partner should also be permitted to consult with their own attorney before signing the agreement.
- Consent: If both parties do not voluntarily and knowingly agree to a prenup or marital agreement, a court may invalidate the agreement. This is why consulting with a Colorado prenup lawyer is always the best course of action.
- Protection: These agreements can be a strategic tool to protect your separate property and assets, offering certainty and clarity that potentially saves time and money in court disputes.
- Child Support: A prenup or marital agreement cannot waive your obligation to provide child support. Courts will override any agreement attempting to do so.
- Spousal maintenance (or alimony): These provisions may be included in pre and postnuptial agreements. However, they will be reviewed by a court during divorce proceedings. An unfair agreement may result in the court ordering spousal maintenance despite the prenup's terms.
Frequently Asked Questions
Can a prenuptial agreement determine child custody and support issues?
No. These matters are decided by the court based on the best interests of the child at the time of the divorce or separation. Our family law attorneys can guide you through what can and cannot be included in a prenuptial agreement, ensuring it complies with state laws and court requirements.
How can we ensure our prenuptial agreement is enforceable?
It must be entered into voluntarily by both parties, with full and fair disclosure of all assets and liabilities. Both parties should have adequate time to review the agreement and seek independent legal counsel. The agreement must not contain any provisions that are unjust, illegal, or that promote divorce.
Our attorneys can assist by ensuring that your prenuptial agreement meets all legal requirements, advising on fair and equitable provisions, and representing your interests during negotiations.
What is a postnuptial agreement, and how does it differ from a prenuptial agreement?
A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple is already married. It serves the same purposes as a prenup, including asset protection and clarifying financial obligations, but it may also be used to address financial issues that arise during the marriage. The key difference is the timing of the agreement.
Can marital agreements be modified or revoked?
Yes, both can be modified or revoked after they are signed, but any changes or revocation must be agreed upon by both parties in writing. Circumstances change, and agreements may need to be updated to reflect new financial situations, family dynamics, or other considerations. Our lawyers can help by reviewing your existing agreement, advising on potential modifications, and drafting amendments to ensure the updated agreement continues to meet your needs and is legally binding.
How do prenuptial agreements protect my assets and future income?
They allow individuals to specify how their assets, including those acquired before and during the marriage, as well as future earnings, will be treated in the event of divorce or death.
These agreements can designate certain assets as personal property, ensure the protection of inheritances, and distinguish between marital and individual debt. For business owners, a prenup can safeguard the business to ensure it remains unaffected by marital proceedings.
Our lawyers can assist by identifying assets that need protection, advising on strategies to protect your future income, and drafting a prenuptial agreement that reflects your financial goals and legal requirements, providing peace of mind for both partners.
Jorgensen, Brownell & Pepin, P.C.: Protecting Broomfield Families
At Jorgensen, Brownell & Pepin, P.C., we understand the complexities and sensitivities surrounding family law matters. Our Broomfield family law attorneys are here to provide you with the legal support and guidance you need to navigate issues like parenting time, custody, divorce, property division, and more. Contact us today!
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