Aurora Prenuptial Agreements
No one gets married believing they are going to one day get divorced. However, reality dictates that almost one in every two marriages will end in divorce. Whether a first or second marriage, people are getting married at an older age than they might have in decades past. As such, they often have a career and have accumulated assets prior to that marriage. But how do you protect those assets or income streams in the event of a divorce? For residents of Colorado, including Aurora, prenuptial agreements may provide the protection needed to ensure your property is secure should a divorce situation arise. The Aurora prenuptial agreement attorneys at Plog & Stein have years of experience helping clients protect their futures with both premarital and intra-marital agreements. Under Colorado law, divorce courts are bound to follow the terms of these agreements as relates to property, with limited exceptions. Let us use our 60+ years of combined legal experience to help you strategically protect that which you’ve worked so hard to attain. As the saying goes, “an ounce of prevention is worth a pound of cure.”Marital Agreements and Colorado Law
Pursuant to C.R.S. 14-2-301, the Colorado Uniform Premarital and Marital Agreements Act, parties may enter into agreements dealing with assets, income, and spousal support, both before and during a marriage. Generally, agreements are premarital and can cover assets in general or be narrowly tailored to specific items. For a premarital agreement to be enforceable, it must be entered into voluntarily and must also entail each party providing a reasonable disclosure of assets, liabilities, and income prior to being executed. However, there are various details tied into timing, each party having an opportunity to review with counsel, and content or language which can be critical in the event of divorce in which one party seeks to challenge the validity of the agreement. Colorado case law upholds that marital agreements are enforceable, absent deficiencies.
In a Colorado divorce, marital property will be divided equitably, which generally translates to equally. Since marital property can include increases in value to premarital or separate property during the course of the marriage, one of the significant reasons people seek out a prenuptial agreement is to preserve not only that separate property, but also any increase in value to it should divorce ensue. Premarital agreements can also contain provisions regarding alimony (maintenance), including mutual waivers of such. However, divorce courts are not bound by waivers of alimony and can void those types of provisions if they determine the waiver to be “unconscionable,” meaning excessively unfair, at the time of the divorce. As income earned during a marriage can also be viewed as “marital property,” sometimes agreements may even be detailed to the point of describing income earned during the marriage as “separate property.” Whatever your concerns may be, our prenuptial agreement attorneys can help Aurora clients with strategically protecting their wealth and earnings through a well written premarital agreement. Under the Marital Agreements Act, married persons can also enter into binding and enforceable agreements, so long as the agreement is not entered into as part of a divorce proceeding.
In this day and age, martial agreements are not necessarily about drawing division lines or a reflection trust. Rather, they can help both parties predetermine their rights, options, and futures in the event of a divorce. If you’re contemplating marriage and have concerns about protecting your assets, put your mind at ease by meeting with an attorney to assess your options and assist you in strategically maintaining your wealth through a binding legal document. Likewise, if you are in a marriage and have worries regarding separate property, such as an inheritance or property you've earmarked for older, prior children, we can help.
As an additional service, our attorneys are also available to meet with people to review a prenuptial agreement drafted by another attorney. Whether a premarital agreement is your idea, it makes sense to understand what rights you may be signing away when entering into one. We can also help negotiate alternate terms.Consult a Prenuptial Agreement Lawyer in Aurora
At Plog & Stein, we pride ourselves on listening to your concerns, explaining your options, and formulating well written, comprehensive agreements designed to provide you as much protection afforded under our laws. Aurora residents, if you’re contemplating obtaining a premarital agreement prior to your marriage, don’t wait to seek help. Waiting until the last minute to draft an agreement can potentially put notions of the voluntary nature of that agreement at risk. You never want to rush something having such a great impact on your future. Contact us online or call our Aurora prenuptial agreement lawyers, today, at (303) 781-0322 to set up an appointment.