Denver Prenuptial Agreements Lawyer

Comprehensive Premarital Agreements from Legal Professionals

Some couples seek a marital agreement called a prenuptial agreement (prenuptial or prenup) before even getting married. If one or both partners have significant or complicated assets, a prenuptial agreement becomes all the more useful and important because it can help both partners stay civil and focused should a divorce ever happen.

Have you been thinking about getting a prenuptial agreement before you get married in Denver or elsewhere in Colorado? Start by coming to Denver Family Lawyers and using our personalized representation to learn more about your options. We know that prenuptial agreements bring a certain level of sensitivity and possibly controversy, so we are here to guide you at a pace that works for you and in a way that keeps legal decisions clear.

Are you drafting a prenup in Denver? Ensure you're covering all your bases. Contact us online or call at (303) 225-3343 to learn how our firm can help.

Why Prenuptial Agreements Are Important

There are several important reasons couples consider a prenuptial agreement:

• Addressing prior divorce: One or both spouses may have experienced a prior divorce and wish to avoid repeating past mistakes or challenges.
• Realistic view of divorce rates: Although the national divorce rate is falling, America still has a relatively high divorce rate, which can make a prenuptial agreement worth considering for many couples.
• Possession of significant assets: One or both spouses may possess significant assets. A prenuptial agreement can function as insurance, similar to how people protect high-value assets such as cars or homes.
• Managing debt responsibilities: One or both spouses may have considerable debt or expect to incur debt. Prenuptial agreements help prevent unfair division of debts.
• Protecting children from a previous relationship: If either spouse has children from a previous marriage, a prenup can help protect the child's assets and future in the event of divorce or death.
• Protecting business interests: If either spouse owns a business, a prenup can protect the business's income, resources, and assets from being divided. It can help prevent a non-owner spouse from acquiring a portion of the business post-divorce.
• Anticipation of a considerable inheritance: If either spouse expects to receive a significant inheritance, a prenuptial agreement can help manage those assets for the future.

In many cases, prenuptial agreements also serve to enhance communication and trust between partners by clarifying financial expectations upfront. By confronting potential points of conflict, couples can navigate their partnership more confidently, knowing their respective interests are protected.

If you are also considering how postnuptial agreements may fit your circumstances, consult a postnuptial agreement attorney Denver residents rely on for honest advice. Colorado law recognizes both prenuptial and postnuptial agreements, and Denver judges at the Denver District Court frequently oversee these arrangements. This makes working with a local attorney essential for proper document preparation and understanding the latest state requirements specific to agreements in Denver.

What Terms Are Included in Prenuptial Agreements?

The core of any premarital agreement is the division of assets, debts, and other financial interests and liabilities.

Common elements included in a premarital agreement include:

• Property division and debts: The prenup details how the couple will divide marital assets and debts (such as their home, retirement funds, and other accounts).
• Alimony and spousal support: Prenuptial agreements can include details regarding alimony or spousal payments, such as the amount and duration of payments to be made. In some cases, a contract may include conditions that must be met to receive support.
• Business interests: Assuming either spouse holds an interest in a business, a prenup can dictate how premarital interest and appreciation during the marriage will be handled in the event of a divorce.
• Child provisions: If either spouse has children from a previous marriage, a premarital agreement can enforce certain provisions regarding your child's child support, inheritance, and financial stability (such as a college savings account). Such terms can determine how and where children will be educated, which religious upbringing they will have, and which parent is responsible for the child's college tuition. These matters can also include child custody and visitation rights provisions.
• Debts: Responsibility for various debts can also be delegated in premarital agreements, such as notes on deeds of trust (mortgage debt), student loans, credit cards, medical bills, judgments, and other legal liabilities.
• Retirement accounts: Agreements about the division of retirement funds are generally enforceable, but subject to state and federal rules that may limit the free transfer of these monies or require special procedures to implement the intent of the parties. Parties also commonly include provisions about life, health, and other forms of insurance in their prenups.

In addition to agreements about income (such as whether a spouse's income is considered separate or marital property), maintenance agreements are also a common inclusion in most Colorado prenuptial agreements. Typically, the higher-income party seeks to waive or limit its obligation to pay the other party maintenance upon divorce. Keep in mind that the court will review all maintenance agreements for basic fairness as of the date of the legal separation. The same rule applies to agreements regarding attorneys' fees and other legal costs.