Marital Agreement Lawyer in Fort Collins

Safeguard Your Premarital Property with a Marital Agreement

When you get divorced in Colorado, the courts differentiate between marital property and separate property. All marital property is divided between the parties. Separate property includes any property that the parties owned before marriage, but any increase in the premarital property is considered marital property and will be divided upon divorce. A marital agreement can protect the increase in value and make sure it is treated as separate property.

A marital agreement can also ensure that other property will remain separate, including any retirement fund or employee benefit plan that a party contributed to or earned during the marriage.

Addressing Spousal Maintenance in Your Agreement

In your prenuptial or postnuptial agreement, you and your partner can include provisions providing for the amount and the duration of spousal maintenance. You can even have a clause stating that there will be no spousal maintenance.

However, there is no guarantee that the court will follow your agreement. The court will only approve the provisions relating to spousal maintenance if they find that the terms are fair at the time of divorce. It does not matter if the agreement was fair at the time the parties signed it.

Ensuring Your Marital Agreement is Valid

As with any contract entered into in Colorado, the law has requirements that must be met for a marital agreement to be valid.

To ensure validity:

• The agreement and any amendments must be written and signed.
• The parties must make a fair and reasonable disclosure of his or her property, financial assets, and obligations.
• Each party must enter into the agreement voluntarily. If you were forced to sign the agreement because you feared for your physical or psychological safety, the agreement will not be valid.
• One party cannot be prevented from seeking the advice of legal counsel. The courts may declare a prenuptial agreement invalid if it is entered into on the eve of the marriage and one party was not represented.

A prenuptial agreement does not need to be quid-pro-quo. It is not necessary for one party to give up rights in exchange for rights. However, the court will not approve a prenuptial agreement that is unconscionable; an agreement will not be accepted if it leaves the other party destitute.

Although marital agreements can be very broad, there are certain things that you cannot address.

Prohibited Provisions in Marital Agreements:

• Have provisions regarding the payment of child support. A parent cannot contract away his duty to support his child. Child support will be calculated by the Colorado courts no matter what a marital agreement states.
• Have a provision modifying the grounds for divorce. Colorado is a no-fault state. This means that there does not need to be any fault on the part of either spouse for a divorce to be granted. A prenuptial agreement cannot modify Colorado law and allow divorce only if a spouse is unfaithful, abusive, or neglectful.
• Have a provision penalizing a spouse for getting a divorce.
• Have a provision stating child custody arrangements. The judge will determine child custody as the time of the divorce by deciding what is in the best interest of the children.

Modifying or Revoking Your Marital Agreement

You are free to modify a marital agreement if circumstances or feelings change. The only requirement for the modification to be valid is that it must be in writing and be signed by both parties.

Partner with a Reliable Fort Collins Marital Agreement Attorney

If you are considering a prenuptial or postnuptial agreement, it is in your best interest to work with a knowledgeable legal professional. I can help you draft the contract or review it to ensure it is legally sound and detailed enough to properly protect your rights in the event of divorce.

Contact me online or call (970) 293-8371 to request a free initial consultation.