The Denver prenuptial agreement attorneys at Ciancio Ciancio Brown, P.C. can help you craft your prenuptial agreement to ensure that it is valid and legally enforceable should you ever need to use it. Contact us today to schedule a consultation with a family law attorney in Denver, Colorado.
A prenuptial agreement is a popular type of legal document used mainly for protecting property in a divorce in Colorado. While no couple anticipates getting divorced on their wedding day, sometimes the unexpected happens. A prenuptial agreement can protect you and your assets from unforeseen circumstances.
What is a Prenuptial Agreement?
A prenuptial agreement, also referred to as a premarital agreement or prenup, is a legally binding document that lays out the terms for divorce should the couple’s marriage end. It is typically used to protect one person’s assets, such as a spouse who owns a great deal of property, owns a business, has a high amount of income or savings, or wishes to be protected from absorbing the other person’s debt in the event of a divorce or legal separation.
A prenup can cover many different areas of a divorce case, including property division, debt division, insurance policies, beneficiaries and alimony. It will determine how you and your spouse deal with these issues in a divorce without requiring you to attend mediation or a trial. It is often easier to work out these details prior to the split, while you and your spouse are more willing to communicate and compromise.
Do You Need a Prenuptial Agreement?
Contrary to popular belief, prenuptial agreements are not only for the rich and famous. These documents can provide important protection to anyone who wishes to preserve assets, earnings and property in the event of a divorce – or anyone who wants to enjoy total peace of mind on the day of their wedding, no matter what the future holds.
A prenup also does not mean that one party doesn’t have faith that the marriage will last. It is simply a good idea to prepare for the worst-case scenario so that you’re never stuck in a bad financial situation. A prenuptial or postnuptial agreement is especially important if you have high-value assets that you wish to protect.
Under Colorado’s equitable division law, a judge will divide property in a way that is fair (but not necessarily equal) in a divorce case that goes to trial. A prenup can allow you to choose your own property division rules far in advance of a divorce. It can help you and your spouse avoid costly and time-consuming arguments and a trial should your marriage ever be dissolved.
What Does a Prenuptial Agreement Require to Be Legally Valid in Colorado?
It’s extremely important to make sure your prenuptial agreement is legally valid. Otherwise, you might discover that it’s not enforceable at the worst possible time – when you’re already getting divorced and it’s too late to protect your assets. All prenups in Colorado must be in writing, disclose all property and assets, and bear the signatures of both parties.
Both parties must enter into the agreement knowingly and voluntarily, and your spouse must have had the opportunity to obtain independent counsel in the week before signing. Finally, the agreement must not violate any laws or public policy. The best way to ensure the validity of your prenuptial agreement is to have an attorney draft it for you.
Contact Us for Prenuptial Agreement Legal Services in Denver
If you and your spouse are curious about whether a prenuptial agreement is right for you, discuss it in more detail with a Denver prenuptial agreement lawyer from Ciancio Ciancio Brown, P.C. We can craft a strong and impenetrable prenuptial or postnuptial agreement to protect your assets against all future possibilities. Please call (303) 451-0300 or send us an online message today and we’ll get back to you right away to discuss your legal needs.