In most cases, a premarital agreement will be upheld by the Colorado courts. This is assuming the prenup was drafted and executed in accordance with Colorado law or the laws of the state in which it was entered into. However, in some situations, one spouse may have grounds to challenge the prenup. In this video, Denver premarital agreement attorney Kathlyn Laraway reviews a situation where a prenup may be deemed unconscionable or unenforceable.
So one thing in Colorado is that you are allowed to contract regarding future payments of spousal support or maintenance, as we call it. However the courts don’t have to uphold what you may have agreed to, based upon whether it’s become unconscionable over the duration of the marriage. What I mean by that is if the parties when they both were married, perhaps they both held a job and they both made about the same amount of money each year, and they say we’re never going to want support from one another, but throughout the course of a 20-30 year marriage things have changed, perhaps one person earning capacity has increased significantly and one person earning capacity has diminished or they’ve gone out of the workforce, they’re a stay-at-home parent. The problem is then that one agreement saying we’re never going to want spousal support, the court can look at it as, would that be fair now, would that be unconscionable to do now, and so likely they’re going to find that if there’s a stay-at-home parent and high earning spouse, that no, that agreement to waive maintenance is no longer fair, and they’re going to throw that part out. Now that doesn’t mean that they won’t keep, regarding other aspects of the agreement, but they may invalidate that portion. So whenever people come to us and say I just want to make sure I never have to pay my future spouse maintenance, we say well, you know you can write that in there, but the courts definitely going to take a really close look at it upon your dissolution of marriage. For more information go to our website at Divorce-Matters.com. Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.
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