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

A prenuptial agreement is often desirable for couples who enter a partnership with high assets or very specific goals for what to do if they should ever get divorced. While marital contracts like prenups often have a negative connotation, they shouldn’t. There are many circumstances when having a prenuptial agreement in place can benefit both spouses and save them from unnecessary doubt or stress while married.

Consider these common scenarios that may impact a couple's decision to make a prenup:

• One or both spouses experienced a prior divorce: In this case, it's normal for a partner to make an effort to avoid repeating past mistakes or challenges.
• One or both spouses have a realistic view of divorce: Although the national divorce rate is falling, America still has a relatively high divorce rate, making a prenuptial agreement worth considering for many couples.
• One or both spouses possess significant assets: A prenuptial agreement can be seen as a form of “insurance.” In the same way that people invest in protection for high-value assets (such as a car or home), a prenup is designed to protect assets in a marriage.
• One or both spouses have considerable debt or intend to incur a significant amount of debt: Just as you don’t want an unfair division of assets if you get a divorce, you don’t want an unfair division of debt.
• One or both spouses have children from a previous marriage: A prenuptial agreement can help protect a child's assets and future in the event of divorce or death.
• One or both spouses own a business: A prenup can protect a business's income, resources, and assets in a divorce. It can help prevent a non-owner spouse from acquiring a portion of the business after their marriage ends.
• One or both spouses are expected to receive a considerable inheritance: If a spouse anticipates coming into a great deal of money in the future, they may find it worthwhile to have a prenup.

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.

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 future, 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.
• 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 divorce or legal separation. The same rule applies to agreements regarding attorneys' fees and other legal costs.