Marital & Premarital Agreements in Colorado
Comprehensive Documents from Denver Family Lawyers
Parties seeking marital agreements, formerly known as postnuptial agreements, or premarital agreements, formerly known as prenuptial agreements, must follow proper formalities and include key statutory advisements to ensure enforceability.
What Makes a Premarital Agreement Valid:
- The agreement has been signed by both spouses
- The agreement was entered into without duress
- Both spouses have access to their own attorney and are given time to retain and get their advice
- If there is no access to a lawyer, a “Notice of Waiver” is signed stating that rights to support may be waived
- Finances of both parties must be disclosed, accurate, and made in good faith
- Non-enforceable terms, such as parenting time or those that violate public policy, are omitted
It is important to consult with the legal team at Denver Family Lawyers for personalize representation. We take the time to learn more about your situation and devise agreements that keep your best interests in mind.
Call (303) 225-3343 today.
What You Can & Cannot Include in a Premarital Agreement
The heart of any premarital or marital agreement is the division of assets, debts, and other financial interests and liabilities. Parties can agree in advance to divide or not to divide their existing or future assets, whether that asset is legally “separate property” or “marital property.”
Assets in question may include, but are not limited to:
- Real estate
- Business assets or interests
- Life insurance
- Retirement funds
- Stocks bonds and other paper assets
- Savings and other bank accounts
- Tax liabilities
Responsibility for debts of all kinds can also be delegated in premarital and marital agreements, such as notes on deeds of trust (mortgage debt), student loans, credit cards medical bills, judgments, and other legal liabilities.
Agreements about the division of retirement funds are also generally enforceable but are 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 premarital and marital agreements.
Agreements about maintenance are also commonly included in most Colorado premarital and marital agreements. Typically, the higher-income party seeks to waive or limit his or her obligation to pay the other party maintenance upon divorce. Be advised, the court will review all agreements as to maintenance for basic fairness, as of the date of the divorce or legal separation. The same rule applies to agreements about attorneys’ fees. Agreements about income are also common in many Colorado premarital and marital agreements, such as whether either spouse’s income is considered separate or marital property.
Financial considerations are only part of a complete premarital and marital agreement. Important non-financial terms include choice of venue, choice of jurisdiction, alternative dispute resolution, choice of law, formalities as to notice, and terms relating to estate planning and probate issues, just to name a few.
Contact a Prenuptial & Marital Agreement Attorney in Denver
Premarital and marital agreements involve a large number of complex legal issues and potentially huge financial stakes. Denver Family Lawyers is ready to help you through your situation.
Call us at (303) 225-3343 to discuss your legal options and rights concerning premarital and marital agreements in Denver and surrounding cities. We offer free initial consultations.