A marital agreement — whether a prenuptial or postnuptial agreement — may not be the most romantic aspect of your wedding plan. But for many couples, regardless of wealth or assets, that contract provides essential protection against an unfortunate outcome. These agreements address property and financial issues upon the dissolution of the marriage or legal separation. For more than 35 years, the attorneys at Stevens, Littman, Biddison, Tharp & Weinberg, LLC have negotiated, drafted, and litigated marital agreements for clients throughout Colorado. If you have concerns about asset protection, a valid agreement can secure your wealth against future marital problems.
What makes an enforceable marital agreement in Colorado?
Our divorce attorneys are experienced with marital agreements and know what’s required — and forbidden — in preparing and litigating these agreements. Although many rules of standard contract law apply in divorce law situations, there are special exceptions with prenups and postnups that must be considered, such as:
- All marital agreements must be written, not oral agreements.
- No consideration is required, meaning that nothing of value needs to be exchanged between the parties.
- Both spouses must make fair and reasonable disclosure of assets, debts, property and financial obligations.
- The parties must voluntarily enter into the agreement.
- Both parties should have access to legal representation; if one does not, a proper notice of waiver of legal rights must be included in the written agreement.
- The agreement, particularly with regard to alimony, must be fair and reasonable at the time of separation, not just at the time the agreement is prepared.
Our divorce law attorneys have both the skill and experience to draft solid marital agreements that satisfy couples and safeguard their assets.
What Colorado marital agreements contain
Marital agreements drafted in Colorado address the following issues:
- Division of property, assets, and debts at divorce or death
- Rights and obligations under wills, insurance policies, retirement plans, and the like
- Alimony and spousal maintenance
To ensure that your assets and rights are protected in a prenup or postnup, your marital agreement should be carefully considered and handled by a skilled divorce attorney.
Division of marital assets in Colorado divorces
Colorado law distinguishes between separate property and the marital estate. A marital agreement designates which assets belong to the estate and which remain separate, individual property, off limits from any claim by the other spouse. In addition, the agreement should stipulate which state’s law a court must apply in a divorce. That stipulation ensures that even if you move to a community property state, the court must apply Colorado’s equitable distribution law in your property dispute. Our knowledgeable attorneys have the experience to advise you on the most beneficial terms to incorporate into your prenuptial or postnuptial agreement.
Marital agreements are being used more frequently to ensure that spouses have a clear understanding of rights and obligations in the unfortunate occurrence of a divorce or separation. For more than three decades, clients have put their trust in the legal team at Stevens, Littman, Biddison, Tharp & Weinberg, LLC to provide reliable, compassionate care in complex divorce law situations such as preparing or disputing a marital agreement.