Denver Postnuptial Agreement Attorney

Trusted Guidance for Couples Across Denver, Colorado

Since our founding in 1997, Denver Family Lawyers has helped clients and their families throughout Denver find solutions to sensitive legal disputes with clarity and confidence. Led by Attorney William “Bill” Thode, who has been recognized by respected professional organizations such as The American Academy of Trial Attorneys and the American Association of Attorney Advocates, we understand how important stability and transparency are when you are planning for your family’s future. For many couples, a postnuptial agreement is an effective tool to accomplish just that and more.

Interested in getting a postnuptial agreement? Call (303) 225-3343 or contact our firm online today.

What Is a Postnuptial Agreement?

A postnuptial agreement—often called a “postnup”—is a written contract that spouses create after they are married. Much like a prenuptial agreement, it outlines how certain financial matters will be handled if the marriage later ends in divorce, legal separation, or death. A postnuptial agreement becomes legally enforceable once both spouses sign it and all Colorado legal requirements are met.

While prenuptial agreements are executed before a marriage begins, postnuptial agreements can be created at any point during the marriage. Some couples create them years after the wedding, even after decades of marriage, when major financial or personal changes arise.

Although prenups and postnups serve similar purposes, there are key differences:

• Timing: A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the marriage has begun.
• Legal scrutiny: Because spouses already owe each other a fiduciary duty once married, Colorado courts often evaluate postnuptial agreements more strictly than prenuptial agreements. Both parties must fully disclose their assets and debts, and the agreement must be entered into voluntarily and without coercion.
• Changed circumstances: A postnuptial agreement often responds to developments that occur during the marriage, including financial, personal, or practical changes. It is often a tool for addressing new situations rather than preparing for unknowns.

Who Should Consider a Postnuptial Agreement?

Postnuptial agreements can benefit a wide range of couples, so you may want to consider one if:

• You or your spouse has experienced a significant change in income or financial status.
• One spouse has inherited property or expects a future inheritance.
• You own a business, or one spouse has recently started or purchased one.
• You want to clarify expectations about the division of assets or debts should the marriage end.
• You are trying to prevent or minimize future conflict about financial decisions.
• You wish to modify an existing prenuptial agreement because circumstances have changed.
• You and your spouse are working on rebuilding trust after previous financial or relationship issues.

Couples often pursue a postnuptial agreement not because they are preparing for divorce, but because they want to ensure transparency and protect both spouses’ interests as the marriage evolves.

What a Postnuptial Agreement Can Do

A well-drafted postnuptial agreement can address a wide range of financial and property issues, including:

• Division of marital and separate property if the marriage ends
• Allocation of debts, including credit card balances, loans, or business obligations
• Protection of personal or family-owned businesses
• Clarification of rights to inheritances, gifts, or family assets
• Procedures for handling major assets, such as real estate, retirement accounts, or investments
• Establishing financial expectations during the marriage, such as how certain expenses or contributions will be handled

The purpose of a postnuptial agreement is to create clarity. By agreeing on how property and obligations will be handled, you can reduce uncertainty and minimize future disputes, potentially strengthening an already-strong marriage.

What a Postnuptial Agreement Cannot Do

Colorado law places limits on what a postnuptial agreement can control, such as:

• It cannot predetermine child custody or parenting time; courts will always evaluate child-related issues based on the child’s best interests at the time of separation.
• It cannot restrict child support, as support must be based on Colorado’s statutory guidelines.
• It cannot include terms that are unconscionable, such as provisions that leave one spouse without reasonable financial support.
• It cannot be signed under pressure, coercion, or without full financial disclosure.