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The Steps For Writing Marital Agreements

Judge gavel on table in lawyer's office.

If you are thinking of getting married, or are already married, you should consider creating a marital agreement. Marital agreements can protect both parties and can help to solidify the marriage. However, it is important that the document is valid and correctly set up. Denver Family Lawyers can provide the steps necessary for creating a valid marital agreement that will benefit your marriage!

The Types of Marital Agreements

Before discussing the steps to writing a marital agreement, it is important to know the two types that exist. There are premarital agreements and postnuptial agreements. A premarital agreement is created before the marriage, while a postnuptial agreement is made after the marriage has already occurred. Both types of marital agreements serve the same purpose—to protect both parties in the event of a divorce or death.

Talking It Over With Your Spouse

First, you should pick the right time to discuss the agreement. Choosing a time when both parties are calm and level-headed is important. This is not a conversation that should occur during an argument or when one party feels rushed or pressured.

Remember that you should also be honest with one another. This conversation can be difficult, but it is important to be transparent about your expectations and what you hope to achieve with the agreement.

Consult Experienced Attorneys

If you and your partner agree to have a marital agreement in place, then you should consult an experienced attorney. This is important because an attorney can ensure the marital agreement is valid and enforceable. They can also help to draft the document so that it meets your specific needs and objectives.

Drafting Your Agreement

The next step is to consider what you want to include in the marital agreement. Some common elements that are included in marital agreements are:

  • Property division

  • Spousal support

  • Debt allocation

It is important to recognize that not all elements of a divorce can be resolved through a marital agreement. However, they can definitely ease the process overall.

Negotiating The Terms

Once you have determined what you want to include in the marital agreement, you will need to negotiate the terms with your spouse. It is important to remember that marital agreements are meant to be beneficial for both parties, so be sure to keep this in mind during the negotiation process.

Making Sure It’s Valid

The final step is to sign the marital agreement. Once you have signed the marital agreement, it is important to keep it in a safe place so that you can refer to it and make adjustments in the future if necessary. It is crucial to remember that each party cannot be forced or coerced into signing, as this can invalidate the marital agreement.

Other potential factors that can invalidate your agreement are:

  • If there was fraud or misrepresentation involved

  • If one party did not have the mental capacity to understand the agreement

  • If one party was not given sufficient time to review the agreement

An attorney can outline the appropriate steps to create a valid and enforceable marital agreement. However, if you find yourself in a position where the agreement is not fair, it is possible to challenge it. An experienced attorney can lend you a helping hand in this process as well.

Marital Agreement Attorneys in Denver

Creating a marital agreement can be a great way to benefit your marriage. However, it is crucial to take the correct steps in order to ensure the agreement is valid. The team at Denver Family Lawyers can assist you in drafting an agreement that benefits both you and your partner, setting you up for a successful partnership.


To schedule a consultation, call us at (303) 225-3343 or visit us online.