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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

  1. 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.
  2. 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.
  3. 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.
  4. 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.