Pre and Postnuptial Agreements
Pre and Postnuptial Agreement Attorney in Boulder County, Colorado
No one wants to dwell on the idea that their new marriage could end in divorce. Yet, given the staggering incidence of divorce in our society, many practical-minded, forward-thinking couples, especially those who have been previously married, often consider entering into a prenuptial agreement before they get married. Some couples enter into a postnuptial agreement, which has the same effect and function as a prenuptial agreement but is entered into after the parties are married.
A knowledgeable, experienced Boulder divorce attorney can help couples determine what is important to them, and draft a prenuptial agreement that secures their best interests.
Knowing the Rules of The Game
We hope that our clients will take their prenuptial agreement, put it in a safe place, live a long life together, and never look at the prenuptial agreement again. In the event of a divorce, however, the parties will separate according to guidelines that they established when their love and trust were strong. We find that “knowing the rules of the game” before a divorce takes place often helps to avoid a divorce in the first place, and encourages an amicable split if divorce cannot be prevented.
A Colorado prenuptial agreement, often called a premarital agreement or simply a “prenup,” is a legal document used primarily to pre-determine the division of property and to protect assets in the event the couple divorces. A prenuptial agreement may also include provisions regarding such other legal issues as maintenance (also known as alimony or spousal support).
Child’s Best Interest
While a prenuptial agreement could theoretically include issues regarding children and parenting, virtually all child-related issues are decided based on the child(ren)’s best interests. So, though a couple could contract for specific outcomes regarding issues parental responsibilities, including decision-making, child custody, parenting time, visitation, and child support, it is important to know that the Court will ultimately base any child-related determinations on the children’s “best interests.” The Court may deviate from the terms of a prenuptial agreement if those terms are not in the children’s best interests. Most financial provisions in a prenuptial agreement will be considered enforceable by a Court so long as they are not found to be unconscionable, either at the time of drafting or at the time of enforcement.
Hire an Experienced Attorney
Attorney Both parties must agree to the terms of a premarital agreement before it becomes legally binding. Prenuptial agreements are often challenged, so it is critical that the agreement be drafted by an attorney who understands the ways in which such challenges might manifest and can craft language in order to avoid future enforcement problems.
Extensive experience drafting Colorado prenuptial and postnuptial agreements
At Ross Law Firm we have extensive legal knowledge, experience and skill handling Colorado prenuptial agreements. We tailor legal documents that take into consideration your best interests today as well as in the future. We offer sound legal advice to all of our clients. We can provide answers to any questions that you may have regarding your legal rights and entitlements under Colorado law.
Ross Law Firm can help you draft a Colorado premarital of Colorado postnuptial agreement. We offer expert assistance in all matters related to prenuptial and postnuptial agreements, such as:
- Drafting the agreement itself;
- Reviewing a proposed prenuptial agreement drafted by another lawyer or one of the parties and offering legal opinions and suggestions for improvements; and
- Modifying existing premarital agreements.
Protect your future
To best protect your future, you need to hire an experienced attorney who understands your unique situation. At Ross Law Firm, we listen to your goals and wishes regarding the types of family law issues that could arise if you should ever decide to separate or divorce. We ensure that you know your legal rights and have the security of a prenuptial agreement in place before you walk down the aisle.
Sara Ross: Very few people understand why you’d want to have a prenup, and I think it comes across as not having enough faith in the relationship. “You don’t love me.” Those are common things to feel if someone is asking or if you want to ask your partner to plan a prenup, but a prenuptial agreement is a document that is agreed upon by two people who are about to get married, and it helps them to decide, in the event that they don’t end up staying together, “What’s that going to look like?” And during the process, we work with the lawyer on the other side. We talk about financial disclosures. We make sure each person understands the other person’s assets and debts and knows what they’re getting into, and we talk about the possibilities, particularly of maintenance, which is the word we use in Colorado for alimony. We actually find that when people have this discussion before they get married, it seems to really strengthen their relationship, because really it’s about understanding and having truth and exchange between the two people. So, having the communications about what the finances are and how you’re going to handle them is pretty wise. You know, the best prenup is the one that goes into a drawer, and nobody ever looks at it, and nobody even knows that it was drafted until way after the folks have lived forever happily married and passed away.