No matter the reasons a couple chooses a prenuptial agreement in Colorado, few go into the marriage expecting it to end in divorce. Unfortunately, sometimes life brings unexpected changes.
The intention of a prenup is to create a smoother transition during a divorce by predetermining how the spouses divide their marital assets, putting terms in place for alimony, and adding protections for each spouse’s separate assets.
A well-executed prenuptial agreement is binding and legally enforceable, but there are circumstances under which a Colorado court will consider a challenge to a prenuptial agreement.
A prenuptial agreement is only ironclad when a skilled divorce lawyer drafts the document correctly, ensures that it meets all legal requirements for enforceability, and when both spouses are completely open and upfront when disclosing their assets and liabilities. In Colorado, a family court judge may consider one spouse’s request to overturn a prenup under the conditions listed below.
During the drafting of a prenuptial agreement, both parties must submit full financial disclosures revealing their assets and debts. This includes all bank accounts, investment accounts, and property, as well as credit card debt, mortgages, and bank loans.
Failing to make a full disclosure is a breach of trust that invalidates the agreement. If one party hides assets or debts, it’s grounds to overturn the prenuptial contract.
Each party must enter into a prenuptial agreement voluntarily. If one spouse presents evidence that they signed the prenuptial agreement under duress, a judge will consider the evidence and determine whether or not they will agree to overturn the signed agreement.
For example, if one party threatened to call off the wedding or made threats of harm to the other’s person or property, it’s considered duress or coercion. Springing the agreement on the other party the day before the wedding is another form of duress.
A Colorado prenuptial agreement may still be valid if one spouse does not hire an attorney, as long as they sign a waiver showing that they declined the opportunity to hire counsel. If the document does not include a signed, notarized waiver, the court is likely to invalidate the agreement.
For the prenup to be valid, each spouse must also have adequate time to carefully examine the document with their separate attorneys. If one party presents evidence that they were not allowed ample time to review the details of the document with their family attorney in Denver, the judge will consider the evidence and may decide to overturn the agreement.
If a judge considers the terms of a prenup egregiously unfair to one spouse, they may declare the contract invalid due to unconscionability. The court considers all aspects of the document before invalidating it, but may overturn the contract if it’s unfairly one-sided and provides little protection for one spouse while safeguarding the other’s assets.
Finally, a prenuptial agreement may not address child custody or child support. The court makes decisions on child custody only in the best interests of the child based on the circumstances at the time of the divorce.
Child support orders follow a specific formula based on the parenting schedule and the total income of both parents. Including unallowable terms in a prenup may invalidate the entire contract.
Whether you wish to create an ironclad, enforceable prenuptial agreement or you are seeking to challenge an existing prenup under one of the above terms, call the experienced Colorado prenuptial agreement attorneys at Ciancio Ciancio Brown, PC today for legal representation.
