Deciding to enter into marriage with a prenuptial agreement in place isn’t always an easy choice and might be a daunting subject to broach with a future spouse. While discussing a prenup may not make either partner’s list of memorable relationship milestones, it’s an important first step toward obtaining this important contract for your future. Under the Uniform Premarital and Marital Agreements Act (UPMAA), the state has specific standards in place to ensure that a prenuptial agreement is valid and enforceable.
If you’ve decided that a prenuptial agreement is right for you and your future spouse, it’s important to understand the process of obtaining a well-executed prenuptial agreement in Colorado.
Before you take steps to obtain a prenuptial agreement in Colorado, it’s essential that your partner is on board with the idea. Both parties must enter into the legal agreement willingly and with full financial disclosures for the contract to be valid and enforceable once the marriage occurs. If one party is under duress or pressured into signing an agreement, it could be overturned by the court in the future if one or more aspects of the agreement are under dispute during a divorce or after a death. Contact our family law firm in Denver for a free consultation today.
An attorney’s top priority is their client’s best interest. For this reason, it’s crucial for both partners to hire separate attorneys to represent their interests during the creation of the prenuptial agreement. An attorney provides legal advice specific to each spouse’s circumstances and ensures that the contract has fair and reasonable terms. If one spouse fails to secure legal representation, it may result in a valid argument for disputing the contract later.
A prenuptial agreement protects each spouse’s separate assets by preventing commingling during the marriage which could otherwise give one spouse the right to an equal portion of the asset’s increased value at the time of a divorce in Denver. For a prenup to be enforceable it must be fair and reasonable. This only occurs when both spouses make full, honest financial disclosures. Hiding or undervaluing assets during the drafting of a prenup leaves room for contesting the contract later.
It’s essential that you and your fiancé carefully consider each financial provision included in the prenuptial agreement. Both parties must fully understand and consent to the terms put in place for their future. Common provisions include:
It’s important to note that a prenuptial agreement cannot include child custody agreements or child support matters. These are decided in the child’s best interest at the time a divorce or legal exception occurs.
It’s essential to have experienced legal counsel for both parties to ensure that a prenuptial agreement adheres to the law and remains valid and enforceable for the duration of the marriage until the marriage ends in divorce or one spouse’s death. Call Ciancio Ciancio Brown, P.C. for full protection of your rights and a valid prenuptial agreement that’s impenetrable and enforceable.
