Colorado Prenuptial
& Postnuptial Agreements

The Drake Law Firm, P.C., protects individuals before and during marriage with prenup and postnuptial agreements.

When you enter into a marriage, you expect it to last forever. However, you also realize that life can change in an instant, and there might come a time when you decide to part ways. If that happens, you want it to be as easy as possible. That’s where a prenup or postnuptial agreement can help. These marriage agreements allow you to protect your property and interests in the case of divorce. Then, you can feel secure in your marriage.

Contact our Golden, CO, prenup and postnuptial agreements lawyer today to discuss your needs. We can help you create a prenuptial agreement if you’ve yet to walk down the aisle or a postnuptial agreement if you’re already married.

When to Get a Prenup or Postnuptial Agreement

While anyone can benefit from a prenup or postnuptial agreement, the documents are especially important in certain cases. Consult with a Golden, CO, prenup and postnuptial agreement lawyer if one or more parties:

Owns significant assets
Has assets that they want to own privately
Owns a business
Has children from a previous marriage and wants to preserve the children’s inheritance rights
Is going to receive a significant inheritance

Do You Need A Prenup Or A Postnuptial Agreement?

If you are yet to be married, you can benefit from a prenuptial agreement. This agreement will allow you to decide how to divide your property and debt if the marriage doesn’t work. You can also choose what to do with inheritances, retirement accounts, beneficiary designations, and alimony when creating this agreement.

If you are already married, a postnuptial agreement is an option. This is most often used when one party starts a business or discovers an upcoming inheritance. The agreement allows the party to protect his or her financial interests. As long as you are still married and both parties agree, you can enter into a postnuptial agreement.

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Why Choose The Drake Law Firm, P.C.?

Schedule A Consultation – Discuss your case with us during your consultation.
Highly Reviewed and Recognized – The Drake Law Firm, P.C. has numerous five-star reviews on Google, Facebook, Martindale, Birdeye, and other review sites. In addition, Marie E. Drake has been recognized as a top attorney by Avvo and a top lawyer by the American Law Society.
Numerous Practice Areas – Our law firm focuses on family law, divorce, child custody and child support.
Non-adversarial and Aggressive Legal Strategies – The Drake Law Firm, P.C. helps families solve disputes through non-adversarial resolution strategies. However, our firm is always ready to litigate cases before a judge.
A Firm That Gives Back – Our firm is committed to the community and giving back. By supporting charitable organizations, such as Living Journeys, we hope to make a better place for everyone.

Enforceable Prenup And Postnuptial Agreements

Creating an enforceable marital agreement is critical. If it isn’t enforceable, the judge can throw it out when the marriage ends. Thus, your agreement must be in writing, and both parties must voluntarily sign it. In addition, both sides must exchange financial disclosures and have the ability to discuss the document with a Golden, CO, prenup or postnuptial agreements lawyer.

If one party is coerced into signing it, the document won’t be valid. Discuss this with your attorney to ensure that your marital agreement will stand up in a court of law.

Are Marital Agreements Only For The Wealthy?

While some believe that marital agreements are only for the wealthy, that’s simply not true. It’s a good option for business owners, as well as people who want to protect their property and avoid high debts. If you are unsure if you should get a marital agreement, consult with a Golden, CO, prenup and postnuptial agreements lawyer. After going over your specific case, your attorney can provide legal guidance on the matter.

Can You Include Child Support In A Marital Agreement?

While a prenup or postnuptial agreement can help you decide many matters, you cannot use it to determine child support. Instead, you must come up with a support agreement that’s in the best interests of the child. Interests can change, so you’ll need to evaluate the situation at the time of the divorce. Then, you can negotiate an agreement or go to court and have a judge decide.

Prenuptial & Postnuptial Agreements FAQs

Can you get a "prenup" after you are already married?

Yes, but once you are married, the document is legally called a Postnuptial Agreement. Because spouses have a higher duty of care to one another, these agreements are scrutinized more strictly by the courts and generally require independent legal counsel for both parties to be enforceable.

How much does a prenuptial agreement cost?

Fees vary based on the complexity of your assets and the level of negotiation required between parties. Contact The Drake Law Firm, PC for a consultation to discuss your specific assets and receive a transparent pricing assessment.

What does a prenup cover in Colorado?

A prenup can protect pre-marital assets, define debt responsibility, and pre-determine alimony (maintenance), but it cannot dictate child custody or support. Colorado courts always retain the right to determine what is in the best interests of the child at the time of divorce.

When should we sign a prenuptial agreement?

You should aim to sign the agreement at least 30 days before the wedding. If a prenup is presented too close to the wedding date, a court may later invalidate it by arguing the other spouse signed it under “duress” or pressure. Start the process early to ensure the agreement is ironclad.

Are postnuptial agreements enforceable in Colorado?

Yes, but they are scrutinized more strictly than prenups because married spouses have a “fiduciary duty” to one another. For a postnup to hold up in court, both parties must provide full financial disclosure, and it is highly recommended that both sides have their own independent lawyer to prove the agreement wasn’t signed under coercion.