Marital and Prenuptial Agreement Lawyers in Colorado
The Power of Marital & Prenuptial Planning
In our 30 years of experience, we have seen too many couples enter marriage without taking preemptive measures to protect themselves. Speaking with an experienced attorney about establishing a marital or prenuptial agreement isn’t just financially smart—it is critical to securing peace of mind.
The family law team at Jorgensen, Brownell & Pepin, P.C., is not only skilled in drafting prenuptial or marital agreements, but we are here to represent you in the event a dispute arises between you and your ex-spouse concerning such an agreement.
Let us help you take proactive steps toward protecting your future. Contact us today to learn more about our marital and prenuptial agreement services.
Understanding Prenups & Postnups
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.
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.
Let Jorgensen, Brownell & Pepin, P.C. Help You Plan with Confidence
Whether you are ready to create a prenuptial or marital agreement or still have questions, reach out to Jorgensen, Brownell & Pepin, P.C., and let us assist you. Our Colorado prenup and postnup lawyers can also help if you are facing litigation and court action to enforce an agreement. Call us for your free consultation today!
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