Marital Agreement / Prenuptial Agreement

What is a Marital Agreement / Prenuptial Agreement?

Known as a “prenuptial agreement” or “marital agreement.” This is a contract or agreement that is entered into before marriage to attempt to resolve issues of maintenance, property division, and other issues in the event the parties divorce.

Colorado Prenuptial Agreement

Considering a Colorado Prenuptial Agreement?

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Overview

Division of Assets, Alimony & More

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a Colorado prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

A Colorado prenuptial agreement can address property and financial issues in the event of the couple’s subsequent divorce. These agreements are typically signed when one party has or expects to have, substantial property or income, but this is not always the case. A Colorado prenuptial agreement may also be contemplated when one spouse has considerable pre-marital debt. These agreements can provide reassurance for those who enter into marriage that, in the event of their later divorce, their pre-marital assets will not be divided, and they won’t be burdened with their spouse’s pre-marital debt.

Prenuptial agreements can offer peace of mind during marriage and can minimize hostilities over dividing up assets and liabilities in the event of a divorce. Given the permanent effects marital agreements can have, both parties should have the agreement drafted and reviewed by an attorney so that all possible consequences are fully understood. These agreements should also be prepared as far in advance of the wedding to avoid a spouse later claiming that they felt forced to enter into the agreement on the eve of marriage, which could potentially result in the agreement being found null and void.

Requirements

What are the Requirements of a Valid Prenup?

Are you and your potential, soon-to-be spouse considering a prenuptial agreement, but have no idea how one is valid within the State of Colorado? Obviously, no one enters into a marriage thinking that they’ll eventually end up getting divorced; however, divorces happen, and prenuptial agreements are a way to simplify the divorce process if and when that time comes.

Section 14-2-301, et seq., C.R.S., also known as the “Colorado Marital Agreement Act,” governs the requirements for a binding Colorado prenuptial agreement. However, given that a prenuptial agreement is an agreement between two soon-to-be spouses, it is a contract, and, therefore, also governed by contract law. That being said, here are the requirements for a valid, fully enforceable Colorado prenuptial agreement:

Separate counsel and adequate representation;

Written agreement;
Voluntarily signed by both spouses;
Full disclosure of assets and liabilities by both spouses (before signing the agreement); and
Not in violation of any limitations.

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01. Separate counsel and adequate representation

This first requirement is more so a suggestion. There is no absolute requirement that both spouses be represented in the drafting and signing of a prenuptial agreement. However, when both parties are represented by an attorney, it decreases the chances that the prenuptial agreement will be rendered invalid if a spouse decides to challenge it at divorce.

When you retain an attorney to draft a prenuptial agreement, it is important to keep in mind that the attorney cannot represent both you and your soon-to-be spouse as it presents a conflict of interest. As such, your soon-to-be spouse should be informed of the advisable of seeking independent representation. If your soon-to-be spouse decides not to consult with an attorney, the prenuptial agreement should include language reflecting that they had the opportunity to obtain legal advice and that a decision not to take advantage of that opportunity was made freely and independently.

A prenuptial agreement will be rendered unenforceable if a party against whom enforcement is sought proves they did not have access to independent legal representation. § 14-2-309(1)(b), (2), C.R.S. A spouse will be deemed to have had access to independent legal representation if they made a free and reasoned decision not to consult with a lawyer and the spouse had the time and financial means to do so.

02. Written Agreement

This requirement is short and simple. According to section 14-2-303, C.R.S., any prenuptial agreement must be in writing. This requirement is absolutely mandatory and there are no exceptions.

03. Voluntarily Signed

Just as a prenuptial agreement must be in writing, both soon-to-be spouses must sign the agreement, and they must do so voluntarily. This means that neither party can coerce the other into signing the prenuptial agreement; otherwise, the agreement will be rendered invalid.

One of the better ways to protect yourself from an argument that the agreement was not signed voluntarily, we recommend that both soon-to-be spouses signed the prenuptial agreement at an appropriate time. There is no established rule for when to sign the agreement, but neither party should sign it on the day of the wedding or too close to that day. The closer it gets to the date of the wedding, the more it will look as though one party was coerced into signing it in order to proceed with the ceremony. As such, we recommend that the soon-to-be spouses sign the agreement at least one month prior to wedding day.

04. Full Disclosure

This is, perhaps, the most important requirement. For a prenuptial agreement to be enforceable, the spouses must, prior to execution of the agreement, provide one another with a fair and reasonable disclosure of each one’s respective property and financial obligations. § 14-2-307(1)(a), (b), C.R.S. If there is not full disclosure, it can be a complete bar to enforcement of the prenuptial agreement. In fact, it is a statutory defense to the enforcement of a prenuptial agreement that a spouse did not receive adequate financial disclosure before signing the agreement. § 14-2-309(1)(d), C.R.S.

A spouse receives adequate financial disclosure if they receive a reasonably accurate description and good-faith estimate of the value of all property, liabilities, and income of the other party; or has adequate knowledge or a reasonable basis for having adequate knowledge of the description and estimated value of the property liabilities and income of the other. § 14-2-309(4)(a), (c), C.R.S.

In order to accomplish this, we recommend that both soon-to-be spouses complete financial affidavits, which list all assets, debts, and other liabilities, and then provide supporting documentation for each item listed. This documentation includes bank statements, mortgage statements, appraisals of real property, Kelley Blue Book values, etc.

05. Limitations

While a prenuptial agreement is a great way to establish the parameters of what will happen at divorce. For example, a prenuptial agreement can have provisions regarding the following:

The rights and obligations regarding nonmarital (separate) and/or marital property;
The acquisition, disposition, management, and control of any property;
Disposition of property upon separation, divorce, or death of either spouse;
Determination, modification, or elimination of spousal maintenance;
The making of a will, trust, or other arrangement;
Ownership rights in and disposition of the death benefit from a life insurance policy; and
The rights, obligations, and benefits available or to be available under an employee benefit or retirement plan (except to the extent federal law may prevent such agreement).

§ 14-2-301(1)(a), C.R.S. You may notice what is not included on this list: child custody and child support. A prenuptial agreement cannot “adversely affect the right of a child to child support,” meaning a parent cannot contractually reduce or eliminate a future child support obligation. § 14-2-304(3), C.R.S. Additionally, in Colorado, the court makes decisions for child custody based upon the child’s “best interests.” As such, any provision in a prenuptial agreement regarding child custody or child support will be unenforceable and a court will pay no attention to it. Like child custody and child support, there are a few other limitations to be aware of. Provisions in a prenuptial agreement cannot:

Limit or restrict a remedy available to a victim of domestic violence;
Purport to modify the grounds for a court-decreed legal separation or marital dissolution;
Penalize a party for initiating a legal proceeding leading to a legal separation or marital dissolution; or
Violate public policy.

§ 14-2-310(2), C.R.S. Similarly, provisions within a prenuptial agreement which relate to the determination, modification, limitation, or elimination of spousal maintenance or the waiver or allocation of attorney fees are unenforceable if, when the spouses are divorced, such provisions are unconscionable. § 14-2-309(5), C.R.S. “Unconscionable” means unfair, unreasonable, and unjust. In re Marriage of Christen, 899 P.2d 339 (Colo. App. 1995). Even though a prenuptial agreement can include provisions regarding spousal support or maintenance, it is possible that such provisions will not be enforceable at the time of the divorce, particularly if one of the spouses has been a stay-at-home parent or receives substantially less income than the other spouse. As such, it is best to proceed with caution in including any provisions regarding spousal maintenance. Having a prenuptial agreement can prove quite useful at divorce. A well-drafted prenuptial agreement can help simplify the divorce process significantly. However, a prenuptial agreement is not for everyone, and, more importantly, it can prove to be more hassle than help if poorly-written. If you are considering entering into a prenuptial agreement with your soon-to-be spouse, we recommend you speak with a Denver prenuptial agreement lawyer at Divorce Matters®. To schedule your consultation, call 720-542-6142.

Bringing a Human Approach to Legal Services

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily Ahnell - Partner and Managing Attorney

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Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

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Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

What is a Prenuptial Agreement?

Prenuptial agreements are often somewhat controversial because it can seem like a couple is preparing for a divorce before their marriage even begins. While a prenuptial agreement does not make divorce more likely, it does allow couples to decide their financial destiny if they were to get divorced. So what is a prenuptial agreement and what does it include?

What is a prenuptial agreement?

A prenuptial agreement, also called a prenup or a marital agreement, is a contract between two people who plan on getting married. This contract decides how they will handle finances, property division, alimony, etc. if they do get a divorce eventually.

Who should get a prenuptial agreement?

People often think that prenuptial agreements are for the extremely wealthy, however, there can be benefits to having a prenuptial agreement for just about any couple. If you have assets from before the marriage that you would like to protect, a prenuptial agreement is a perfect way to do so. Premarital assets can include anything you owned before the marriage, inheritances to your children from previous relationships, or business interests. Prenuptials can also be extremely helpful in the case of divorce because you have already decided ahead of time on the division of assets and even alimony!

What does a prenuptial agreement cover?

A prenuptial agreement can cover a variety of issues including:

Division of premarital assets
What marital property is and how to divide it
Division of employee benefits or retirement plans in the case of a divorce
How any debt, including mortgage debt, will be divided in the case of a divorce
What will happen to a life insurance policy in the case of a divorce
How property will be divided and managed
The amount of alimony paid and to whom

While a prenuptial agreement can cover all of the above topics, it CANNOT determine child custody. A judge will decide this if a divorce happens, based on the best interest of the child at that moment in time. The same goes for child support.

Is my prenuptial agreement amendable?

Yes! It is possible to change a prenuptial agreement, however, the amendment will need to be put in writing and signed by both parties. A prenuptial agreement can also be revoked in this manner.

It is also important to note that, during divorce proceedings, the judge has the ability to rule the prenuptial agreement “unconscionable”. This will only happen in extreme circumstances, like if one spouse would be left unable to support themselves if the prenuptial agreement was carried out as intended. This is very uncommon, even when the agreement is somewhat one-sided.

All in all, a prenuptial agreement is perfect for protecting any assets you may have had before your marriage or any assets your children may have! It is a great idea to protect yourself and your children, even if you can’t imagine yourself getting divorced!

To discuss getting a prenuptial agreement with an attorney, you can contact us here or give us a call at (720) 386-9176

What is a Prenup and What Do I Include in It?

No one walks down the aisle imagining one day they will be racing to divorce court. Nevertheless, a high percentage of marriages end in divorce. Savvy couples certainly contemplate that one day their marriage might end, and they want to plan for what will happen if that day should, unfortunately, come to pass.

Prenups are Contracts

In a divorce, a court must untangle a couple’s finances, which includes dividing marital assets and debts, as well as deciding whether one spouse will pay the other alimony, called “spousal maintenance.” However, you don’t need to leave this up to the judge. Instead, before getting married, you can decide what will happen and include these agreements in your prenuptial agreement.

Prenuptial agreements also can identify what will happen in the event of death. For example, a surviving spouse is entitled to a share of the estate, regardless of what is stated in the will. This “elective share” will depend on the length of your marriage and can be 5-50% of your estate. If a spouse wants to give up their elective share, they can do so in a prenuptial agreement.

What to Avoid Including in a Prenuptial Agreement

You can’t decide everything in a prenup, no matter how well drafted it is. For example, you can’t decide child custody or child support. Colorado judges make decisions about children according to what is in the child’s best interest, and they will completely ignore any prenuptial provision that tries to decide these issues.

You also shouldn’t include any provisions that are unconscionable or against public policy. For example, you shouldn’t include a provision that penalizes a spouse for initiating a separation or divorce, which is likely void.

What to Include in Your Prenup

Most prenuptial agreements deal with the following:

How marital assets will be divided. Marital assets are assets you acquired while married, not assets you brought into your marriage.
How your marital debts will be divided. Like marital assets, these are debts you incurred while married.
Whether one spouse will pay alimony to the other.

To be legal, your prenuptial agreement must meet the following requirements:

The agreement must be in writing.
Both spouses must sign the agreement voluntarily.
Both spouses must make full disclosure of their assets and liabilities before signing the agreement.
Both spouses should retain their own attorneys to review the prenuptial agreement.

Additionally, make sure to sign the prenuptial agreement at an appropriate time””neither too close to the wedding nor too soon before you walk down the aisle.

Deciding Whether to Get a Prenuptial Agreement

Prenuptial agreements are not for everybody. For example, your future spouse might be opposed to signing one. Unless you want to call off the marriage, you might need to forego a prenuptial agreement and, in any event, should not pressure your spouse to sign one.

Also, consider that you can sign a “postnuptial” agreement after you get married. This postnup can include all of the information that you would include in a prenuptial agreement. The only difference is that you sign it after getting married.

Nevertheless, prenuptial agreements sometimes make sense. For example, you might be embarking on a second marriage and already have children. In the event of your death, you want all of your assets to go to your children from your first marriage. In this situation, your second spouse can waive their elective share if you die before they do.

Contact a Denver Divorce Lawyer Today

Prenuptial agreements have many wrinkles to them, and couples should carefully consider whether to sign one and what to include in it. To analyze whether a prenuptial agreement is right for you, speak with a Denver prenuptial agreement lawyer at Divorce Matters. To schedule your consultation, call 720-408-7469.

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How To Have The Talk ”“ About A Prenup

The date is set. The venue is rented. The rings, dresses, and tuxes are ready and you’ve gone cake tasting. But there’s still a conversation you have not had with your fiancÃ©(e) ”“ are you going to get a prenuptial agreement?

It’s not a romantic conversation to have. “Hey, honey, I love you so much and I can’t wait to spend the rest of my life with you. But”¦”

Prenuptial agreements are an incredibly valuable and underutilized tool for couples to ensure that they preserve their property after divorce. So, here are a few tips to help you break the ice without scaring your fiancÃ©(e) away:

Be straightforward. Beating around the bush will just introduce unnecessary uncertainty. Show your future spouse that you have a level-headed and sensible approach to the marriage. Who knows? Maybe (s)he is thinking the same thing.
Timing is key. Plan a time when you are both in a positive mood and you have time for the in-depth discussion of a potential prenup.
Don’t start antagonistically. “I want a prenup” is probably not the best way to start the conversation. Try something more delicate ”“ “Honey, I know this isn’t a comfortable subject, but we’re getting married soon and I’d like to discuss a prenuptial agreement.”
Be reassuring. Let your future spouse know that you aren’t having this discussion because of cold feet or to withhold your property from him or her. Let him or her know that this discussion is about protecting each other’s financial independence.
Be transparent. Honesty is a key component of marriage, after all.

Our Denver divorce attorneys suggest that you discuss with your spouse and your lawyer whether a prenup is the right fit for your family.

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Can You Challenge A Prenup? Even In High-Asset Cases, You Can

The prenuptial agreement. The single greatest tool a person has to prevent losing their property in divorce. Through prenuptial agreements, couples can stipulate how certain property is divided after a future divorce. While you mostly hear about prenups in the context of celebrity marriages or high-powered couples, prenups are useful for all marrying couples who have property they wish to protect.

But what happens when the divorce pops up and one party disagrees with the prenup? Is it possible for that party to challenge the prenup? Aren’t prenups, especially in high-asset cases, ironclad?

Yes, you can challenge a prenup. No, prenups are not always ironclad. Here’s an example of a high-asset case that resulted in the destruction of a prenup to the benefit of a woman fighting her very wealthy husband for her fair share.

Elizabeth Patrakis vs. Peter Petrakis

Peter Petrakis, a Long Island millionaire, married his ex-wife Elizabeth in 1998. Three months prior, he gave Elizabeth a prenuptial agreement to sign stipulating that he would retain all marital assets upon divorce, but that Elizabeth would get $25,000 for every year they were married. Elizabeth waited until four days before the wedding before finally signing, after Peter promised that the agreement would be torn up when the two had kids. He did not honor his promise.

Elizabeth’s attorneys argued that Peter had defrauded her with this promise, which the courts found to be true. As such, the prenup was thrown out.
Prenuptial agreements are not often voided, but there are plenty of reasons one might be. If a prenup is not in writing, it can be challenged. If a prenup is signed under duress (four days before the wedding, for example), it can be challenged. If there are unconscionable provisions in the prenup, it can be voided. See our page on prenuptial agreements for more reasons a prenup can be torn up.

Our Denver family law firm can help you draft a prenuptial agreement for your marriage as well as challenge one if the need arises.

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Can You Challenge A Prenup?

An ironclad prenup is the best way for a person to preserve their assets following divorce. While prenups are generally a good idea, there are plenty of ways for someone to end up with one that is unsatisfactory or unfair.

Prenups have to be done a certain way to be valid. You may have grounds to contest the terms of a prenup if any of the following are true:

If the terms of the prenup are “unconscionable,” then the prenup cannot be enforced. What does unconscionable mean? Basically, if the prenup is excessively unfair to one party and will leave that party destitute upon divorce, generally, the court will not enforce it.
If you are coerced into signing a prenup, whether by your spouse-to-be or even an attorney, you could have the prenup thrown out.
If the prenup contains invalid provisions, or terms that violate other laws, the prenup can be thrown out, although it is also possible for the court to strike the invalid pieces and enforce the rest of the prenup’s terms.
If you are rushed into signing a prenup, the prenup may be unable to be enforced. In many ways, rushing a prenup is akin to coercion.
If you have not read the prenup (if your spouse includes it in a stack of papers, for example, and asks you to sign them quickly) then it is possible to have the prenup nullified.
If one spouse lies or fails to provide complete information about income, assets and debts, it is possible to throw out the prenup.

Prenups are a very valuable tool for marrying couples, but they are not infallible. As with all matters relating to property and family law, you should speak to a family law attorney about the terms of your prenup.

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If Any Of These 4 Things Are True, You Need A Prenup

“But I don’t need a prenup. We love each other so much.”

While that may be true, that’s not the point.

“We’d always be friends, even if we got divorced. My spouse would never try to take my fortune.”

You’d be surprised.

If any of the following things are true about your upcoming marriage, you should definitely consider a prenuptial agreement to protect your property following divorce.

You have a business that you love. You’ve grown it from the ground up and it’s your baby. You better have a prenup. In all likelihood, that business is your most valuable asset, and business valuation in divorce is always messy. For a spurned spouse, getting a share of that business could be priority number one to ensure his or her financial future, and if you haven’t taken precautions, it is very possible for all of that growth to go down the drain.
You plan to stop working to become a stay-at-home mom or dad. Get a prenup. It’s always great to have one parent around to keep the kids fed, clothed and in school, but think about what would happen if you were to get a divorce 5, 10 years in the future. That’s a long period of not honing career skills. A long period of not making business connections and building your rÃ©sumÃ©. When divorce hits, you won’t have anything to fall back on, and you’ll find yourself scrambling to manage your finances in addition to having to deal with the stress of divorce. Go with the sure thing ”“ get a prenup.
You will be receiving an inheritance soon. Typically, inheritances are considered separate property, so you might think that under no circumstances will your inheritance be within reach of your ex-spouse. You would be wrong. If you fall behind on your mortgage payments, for example, and need to dip into your inheritance to pay for the marital home, that can lead to your inheritance becoming commingled, or mixed, with your marital assets. In that case, it can convert to marital property, and marital property is divided equitably in Colorado divorces.
You and your spouse have different financial priorities. Suppose you are a saver, and your spouse is a spender ”“ it could be clothes, it could be cars, it could be anything. If one of you has a lot of assets, but the other has a lot of debt, a prenup can ensure that you don’t end up losing all of your assets to pay for debts you did not incur.

If you have any doubt in your mind, get a prenup. And even if you don’t have any doubt, it’s still something you should seriously consider.

Our Denver divorce attorneys can help you make sure your property is safe before you decide to get married.

You NEED These 4 Things In Your Prenup

Awkward as they may be to discuss with a future spouse, prenups are without a doubt one of the most powerful tools you have at your disposal to protect your property if divorce happens down the road. But just having a prenup is not enough ”“ you have to make sure that your prenup is comprehensive, inclusive and substantive.

Four Considerations When Drafting Your Prenup

Your prenup should be fair. Not necessarily equal ”“ that’s a different beast entirely ”“ but fair. If you get a divorce and your spouse decides to challenge your prenup, the courts will have to be sure that the prenup does not contain any unconscionable provisions. Prenups should be drafted to meet the reasonable needs of each spouse following divorce while also addressing changes in circumstances that may occur during the marriage.
Sign the prenup early ”“ before your wedding invitations go out. Springing a prenup on your spouse shortly before the wedding ceremony does not give them adequate time to seek independent counsel and the courts may interpret this as duress. If a prenup is signed under duress, then certain provisions of the prenup or even the whole thing could be thrown out.
Both parties must present thorough and detailed financial statements. Lying about assets is a zero-sum game. Bank accounts, tax returns, real estate, cars, loans ”“ don’t leave anything out. A financial advisor could be very helpful here.
Both parties should have independent counsel. You and your spouse both need individual representation to ensure that both of your needs’ are being looked after without any conflict of interest.

Divorce Matters Can Help With Your Colorado Prenup Needs

If you follow these steps, you have a good chance of ensuring that your prenup remains valid when the time for divorce comes. Give our team if you have any questions or need help with your prenup in Colorado.

Our Denver divorce attorneys do everything in our power to ensure an equitable distribution of marital assets after divorce.

Category: Prenup

What is a Marital Agreement / Prenuptial Agreement?

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Considering a Colorado Prenuptial Agreement?

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Overview

Division of Assets, Alimony & More

Requirements

What are the Requirements of a Valid Prenup?

Searching for the Best Divorce Lawyer in Colorado?

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Bringing a Human Approach to Legal Services

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association • Arapahoe County Bar Association • Colorado Defense Lawyers Association • Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado • U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993 • B.A., New Mexico Highlands University, magna cum laude, 1989

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Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association • Denver Bar Association • Colorado Defense Lawyers Association • Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado • U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003 •B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

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Justin J. Oliver

Lead Attorney

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association • Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014 • B.A., Sociology, Western State Colorado University, 2011

Adoption

Estate Planning

Thomas Legal Firm

What is a prenuptial agreement?

Who should get a prenuptial agreement?

What does a prenuptial agreement cover?

Is my prenuptial agreement amendable?

Prenups are Contracts

What to Avoid Including in a Prenuptial Agreement

What to Include in Your Prenup

Deciding Whether to Get a Prenuptial Agreement

Contact a Denver Divorce Lawyer Today

Four Considerations When Drafting Your Prenup

Divorce Matters Can Help With Your Colorado Prenup Needs

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011