Marital and Prenuptial Agreement Lawyers in Longmont
Secure Your Marriage by Protecting Your Interests
Taking steps to protect yourself before entering into a marriage isn’t just smart, it’s essential—especially considering that nearly 50% of marriages end in divorce.
While only 15% of couples arrange prenuptial agreements, experience has shown us that these legal documents are one of the best ways to eliminate unnecessary stress and conflict. In fact, we’ve seen how they can actually enhance relationships by:
- Promoting open communication
- Offering more financial clarity and security
- Ensuring couples work together while maintaining financial independence
- Strategically managing individual and joint debt
- Protecting the interests and futures of children from previous relationships
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. Let us ensure your interests are protected and your future is secure. Contact us today.
Understanding Prenuptial and Postnuptial Agreements
When we work with clients, our goal is to shift perceptions about prenuptial and postnuptial agreements. Rather than see them as anticipatory, we strive to help clients reframe them as proactive measures that promote clarity, transparency, and peace of mind for both parties.
That process begins with a brief overview of pre and postnuptial agreements to ensure you understand the benefits and protections they offer.
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.
If you are considering a prenuptial or marital agreement, it is important to be informed about what they entail to ensure that they are legal and enforceable. Here are a few essentials:
- 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 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.
- Child Support: A prenup or marital agreement cannot waive your obligation to provide child support.
- 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.
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.
Compassionate Family Services Since 1989
At Jorgensen, Brownell & Pepin, P.C., we understand the sensitivities surrounding family law matters. Our Longmont family law attorneys are here to provide you with the legal support and guidance you need to resolve issues like prenuptial agreements, custody, divorce, property division, and more. Your family's well-being is our priority, and we are committed to helping you find the best solutions with competence and compassion.
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