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Prenuptial Agreements Overview

Prenuptial Agreements Overview

Preparing for a wedding isn’t only about the types of flowers at the ceremony, the wedding dress, and the flavor of the cake. It’s also about the years of marriage ahead, when two individuals join their lives, properties, and assets into one household.

While few prospective spouses enjoy considering the possibility of ending a marriage before it even begins, a prenuptial agreement is more than a document to protect each spouse against the possibility of financial loss in a divorce, it also provides guidelines and protections for each spouse during the marriage.

Best of all, a prenuptial agreement is created while each party is at their most loving and generous best toward each other, ensuring fair protection for both parties for any future eventuality. Reach out to our experienced prenuptial agreement attorney for a free case review.

What Is a Prenuptial Agreement In Colorado?

A prenuptial agreement (prenup) is a legal contract with legally enforceable terms for the protection of each individual’s assets and future assets. Prenuptial agreements commonly cover the following:

  • The protection of individual assets and properties from the marital community
  • The distribution of assets and debts in the event of a divorce
  • The distribution of assets in the event of one spouse’s death
  • A pre-determined method of dividing and distributing retirement accounts if there is a divorce
  • The protection of inherited assets or assets and property intended for one spouse’s children from a previous marriage to inherit
  • Terms for future spousal support (alimony) in the event of a divorce

A prenuptial agreement may also include each spouse’s expectations for the other’s rights and responsibilities during the marriage as long as they are lawful.

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How Does an Attorney Prepare an Enforceable Prenuptial Agreement In Colorado?

Both spouses must provide detailed financial disclosures showing their assets and debts before the marriage to ensure that they’ve provided a good-faith estimate of their net worth, financial holdings, and debt. Each spouse must understand and agree on the scope of the prenuptial agreement and what it covers before signing, and each spouse must have adequate time to review the proposed agreement with their independent legal counsel.

Finally, the agreement must have equitable and reasonable terms that aren’t grossly unfair to one spouse. The agreement must be in writing and follow the guidelines of Colorado’s Uniform Premarital and Marital Agreements Act (UPMAA). 

A prenuptial agreement only becomes effective and enforceable after the marriage takes place. It may not include any terms affecting child custody or child support and may not restrict or limit a spouse’s right to a legal remedy for domestic abuse.

What Is the Difference Between a Prenuptial and Postnuptial Agreement?

A prenuptial agreement is drafted and signed into a binding legal agreement before the marriage and becomes enforceable after the marriage. In some circumstances, spouses who married without the benefit of a prenuptial agreement may wish to enter into an agreement detailing the protections and distribution of their separate and marital assets in the event of a divorce or death after they’ve already married.

In this case, a family law attorney may assist them in creating a postnuptial agreement. Postnuptial agreements are very similar to prenuptial contracts but they become active and enforceable after both spouses sign the agreement while a prenup is only valid and enforceable after both parties become married.

How Can a Prenuptial Agreement Attorney In Denver, Colorado Help?

No one should create or sign a prenuptial or postnuptial agreement without the benefit of experienced legal counsel to safeguard their rights and protections under Colorado law. Call Ciancio Ciancio Brown, P.C. to ensure that your prenuptial agreement is legally sound, fair, and enforceable.