Prenuptial agreements have started to become more common in marriages,
particularly for couples who are entering into the union with significant
wealth, assets, or possessions to their name. Couples who have children
from a previous marriage also frequently choose to sign a prenuptial agreement.
By entering into this contract ahead of time, both spouses are able to
protect their best interests in the event they decide they no longer wish
to stay married.
The significant advantages of this when it comes to filing a divorce are
tremendous. A properly-drafted and fair prenuptial agreement can help
significantly cut down on the stressful and difficult litigation processes
for things such as money or property. When drafting these agreements while
still in love, it’s easy to create a document that is fair, places
the best interests of all parties involved at the forefront, and creates
a solid safety net should things go downhill.
Even beyond possessions, prenuptial agreements can create an outline for
rights to insurance policies, instructions for wills, and changes to employee
benefit plans or other important items. They can also create provisions
for spousal maintenance payments, allowing the couple to decide for themselves
what is best for their situation and avoiding the grueling process of
determining alimony in mediation or courtroom litigation.
How to File for a Prenuptial Agreement
Filing for a prenuptial agreement is relatively simple, and even more so
with the help of a Denver divorce lawyer. There are a few conditions that
must be met in order for the agreement to hold weight in court:
- The agreement must be written and signed by both parties
- Each party must have made a reasonable and fair disclosure of their possessions
and property when entering the marriage
- Both parties must enter into the agreement voluntarily and without coercion
Any spousal support provisions must be fair
at the time of their enforcement (provisions that are unfair at the time of the divorce will be thrown
out even if they were fair at the time the agreement was drafted and signed)
As the name states, a prenuptial agreement must be signed and agreed to
before the completion and filing of the marriage certificate. Colorado
does also recognize post-nuptial agreements as well, allowing couples
to file a similar legally-binding agreement after they have entered into
a marriage. This allows couples to protect their best interests and possessions
in the event they wish to dissolve their marriage, even after they have
already become married.
Peek Family Law, LLC
provides top-rated and quality legal advice and representation for divorces
and other family law cases. Attorney Sean Peek is a Denver family lawyer
who has assisted numerous clients in the Denver area with a wide variety
of cases, including prenuptial agreements, adoptions, custody disputes and more.
Request a case evaluation today by dialing (303) 857-5797 and retain our
quality representation for your case.