Prenuptial Agreement Attorney in Denver

When a marriage ends in divorce, couples often face uncertainty about the division of their assets and debts. In the absence of a prenuptial agreement, all property acquired during the marriage may be subject to equitable division, which could result in one partner receiving a larger share or being required to provide spousal support (alimony). This uncertainty can lead to contentious disputes and financial strain for both parties.

Prenuptial agreements, or prenups, are designed to help couples safeguard their assets and protect their financial futures in the event of a divorce. With nearly half of all marriages ending in divorce, prenups are becoming an increasingly popular choice among couples in Denver. At Evans Case, we also offer expertise in related areas, such as Asset Management, resolving Asset Ownership Disputes, and establishing Living Will Trusts to ensure that your long-term interests and those of your loved ones are secured. Our Personal Counsel can help you craft a comprehensive prenup or navigate complex family law matters with confidence.

Call Evans Case today to speak with a qualified prenuptial agreement attorney for your Denver marriage. Our attorneys are here to help protect your assets and provide peace of mind for you and your partner.

What Is a Prenuptial Agreement?

A prenuptial agreement, commonly known as a prenup, is a legal document meant for couples entering a marriage. Its main purpose is to outline how certain financial matters, assets, and debts are to be handled in the event of a divorce or separation. It also allows couples to plan for how certain assets and property will be distributed after death. A prenup is also useful for determining spousal support arrangements before entering the marriage. Couples may also use a prenup to protect ownership in a business.

There are a number of benefits to a prenuptial agreement. Some of the most key features of a prenup agreement include:

The ability to protect assets: Prenups allow each partner to name specific assets that will remain in their property after a divorce. Any property or wealth that was acquired before the marriage will generally be protected. The ability to keep your assets protected is one of the most appealing benefits of a prenuptial agreement.
Determining Debt: Prenups are a useful tool to help determine which partner will be responsible for certain debts. For example, if one partner has a large amount of debt from student loans before the marriage, a prenup would ensure that the other partner is not responsible for covering their pre-existing debts. This can also include debts from credit cards and mortgages from properties before the marriage.
Business Asset Protection: In cases where one or both of the partners own a business, a prenup can help ensure that the business remains under the original owner’s control. Without a prenup, assets and income from the business may be divided.
Spousal Support: Prenups allow for couples to arrange for spousal support, commonly known as alimony, in case of a divorce. A prenup will outline whether either partner will receive alimony, how much they will receive, and for how long they will receive it. Establishing the terms for alimony in the prenup can help avoid disputes or costly legal battles after a divorce.

Prenups are also useful for determining and preserving inheritance rights for family members or children from previous marriages. They allow partners to decide how their assets and property will be passed on to their preferred heirs in the event of a divorce. They also eliminate the need for court intervention and legal battles.

If you and your partner are interested in establishing a prenuptial agreement or discussing how a prenup can be beneficial for your marriage, our attorneys are available to help. Our firm has continually helped Denver couples protect their assets and determine their responsibilities in the event of a divorce. We have the expertise and compassion required to help you and your partner through the entire process, making sure your futures are protected.

Who May Want to Create a Prenup?

We spoke about just a few of the ways in which a prenuptial agreement can benefit a marriage. But who exactly are prenups for? Prenuptial agreements are a useful tool for many couples, though they are particularly useful for some of the following individuals and situations:

Individuals with Significant Assets: For those who are entering into a marriage with real estate or significant savings, investments, or personal property, prenups are a popular option. A prenuptial agreement will help protect these assets owned by an individual before their marriage. For example, if one partner owns a piece of property before the marriage, a prenup will ensure that the property is not subject to division and remains with the original owner, even if the other partner puts money toward maintenance of the property.
Business Owners: Without a prenup, a spouse may try to claim a share of their partner’s business in a divorce. A prenuptial agreement will protect the business assets and income from being divided in the event of a divorce. It will allow you to outline what happens with the business and its assets after a divorce, avoiding any potential disputes and allowing for your business to continue running smoothly.
Couples Entering a Subsequent Marriage: If one partner in the marriage is entering their second or subsequent marriage, they may want to preserve some of their assets for children from a different marriage or other family members. A prenup can also outline the financial responsibilities of the new spouse to prevent any conflicts or disputes down the line with the blending of finances. For instance, if an individual remarries but wants to make sure that their children from their previous marriage inherit their estate, a prenup will allow them to pass on certain assets to their children safely in the event of a divorce or death.
Partners With Large Amounts of Debt: For those entering a marriage with existing debt, a prenuptial agreement can allow them to keep their financial obligations separate. Whether this be student loans, credit card debt, or any other financial responsibility, a prenup can protect the partner without the debt from sharing responsibility after a divorce. Without a prenup, debts may need to be paid off using marital assets, placing an unfair burden on the other spouse.

While any couple can use a prenup to help protect their assets, these agreements are particularly helpful in some of the aforementioned scenarios. Prenups are also helpful for Denver couples wishing to outline spousal support arrangements and avoid legal battles in case of a divorce. Regardless of your reasoning, Evans Case and our team of attorneys are able to help you establish an effective agreement that works for you and your partner. Our firm is committed to helping Denver couples protect their assets and ensure their estates are properly distributed.

Can a Prenuptial Agreement be Modified or Revoked in Denver?

Fortunately, Denver couples who are looking to modify or revoke their prenuptial agreement have the option to do so. There are plenty of reasons why a couple or a partner would like to modify their prenup, and regardless of the reason, Evans Case is able to help. Whether you are looking to make a couple of minor changes to your existing prenup or you are looking to cancel the agreement altogether, our attorneys can help.

In Denver, the process of modifying an existing prenup is known as a ‘postnuptial agreement.’ Similarly to a prenuptial agreement, a postnuptial agreement requires mutual consent, full financial disclosure, and a written agreement.

Both parties must agree to all the changes in the agreement on their own volition, rather than being coerced. Both parties must be fully transparent regarding their assets, income, debts, and all other financial responsibilities. All changes must be in formal writing and signed by both parties in order to be valid.

Some of the most common reasons that a Denver couple may decide to modify their prenuptial agreement include:

Major Financial Changes: When one partner in a marriage receives a significant change in income or inherits a large amount of money, the original agreement may no longer accurately reflect their financial situation. A modification will allow the agreement to remain intact, but will better adapt to the new changes in finances.
Children: Couples who choose to have or adopt children after marriage may wish to update their prenuptial agreement in order to include their new responsibilities. This may include provisions for their inheritance or determining responsibility for spousal support in the event of a divorce.
Career Change: If one spouse opts to give up their career in order to care for children or support their partner, they may wish to make changes to the prenup to protect themselves after a divorce.
New Marital Property: If the couple acquires joint property after their marriage, they may want to upgrade their prenup to include how it will be divided or managed after a divorce. This can include real estate, investment accounts, and more.

Regardless of your reason for wanting to modify your prenup, our Denver attorneys are available to help ensure that your agreements best reflect you and your partner’s current situations.

For couples who are seeking to cancel their prenuptial agreement altogether, Evans Case is also able to offer our support. Revoking a prenup also requires mutual consent from both parties involved. It also requires a formal, signed document and full financial disclosure, just like a modification would. We recommend that you work with one of our experienced attorneys to revoke your prenup, as an improperly revoked agreement can cause troubles and confusion down the road.

Some of the most common reasons Denver couples may want to revoke their prenuptial agreement include:

No Longer Necessary: If a couple mutually agrees that their prenuptial agreement is no longer necessary and would prefer to abide by Colorado’s equitable distribution laws in the event of a divorce instead, they are fully welcome to revoke their agreement. This is a common rationale between couples who wish to share all assets and split finances equally.
Major Financial Changes: Again, a significant change in one partner’s financial situation may compel them to make a change to the agreement. However, rather than modifying the agreement, some couples may decide to revoke it altogether if it is no longer needed. This is usually the case when a major change in finances closes the gap between both partners and the disparity in wealth is no longer as great.
Simplifying the Marriage: If a couple finds that a prenup has complicated their relationship or become overly restrictive on their marriage, they may choose to revoke the agreement. Revoking the agreement can allow for a fresh start, making it simpler for each partner to manage their assets and debts.
Planning for a Divorce: If a couple is planning to get divorced or separated, they may choose to revoke their agreement in order to allow for more flexible negotiations. Especially in situations where the prenup no longer reflects their current situations, revoking the agreement can be beneficial for spouses looking to negotiate a fair settlement.

Whether you are considering making changes to your prenup or getting rid of it completely, our attorneys are here to discuss your options and determine what is best for you and your partner. Our team is capable of guiding you through the process with confidence, ensuring that your prenuptial agreement accurately reflects your current situation and is best serving you and your spouse. For more information about how to modify or revoke your Denver prenup, reach out to our team.

Call Evans Case Today for Help With Your Prenuptial Agreement

Prenups can be extremely beneficial for Denver couples interested in preserving their assets and their futures in the event of a divorce. Whether you own a business and need to protect your assets, or you are interested in shielding yourself from your partner’s debt, prenups are an incredibly useful tool to keep you protected.

Evans Case has decades of experience helping Denver couples outline the terms of their marriage in case of a divorce. We can help you establish arrangements for spousal support, adjust for significant changes in income, and protect your assets.

Our team is available to discuss your finances and come up with a plan that best serves you and your partner. If you are interested in creating a prenuptial agreement or you are needing to make changes to an existing one, reach out to our firm today. One of our qualified attorneys will be able to help you explore your options and discuss how you and your partner can protect yourselves from the uncertainty of marriage.

Don’t wait. Call today and schedule a consultation to speak with one of our Denver prenuptial agreement attorneys.

Frequently Asked Questions

How can an attorney assist in drafting a prenuptial agreement in Colorado?

An attorney can provide invaluable assistance in drafting a prenuptial agreement by ensuring it complies with Colorado's legal requirements, such as the Uniform Premarital and Marital Agreements Act. They facilitate full financial disclosure between parties, a critical component for the agreement's enforceability. Attorneys also help negotiate terms that are fair and tailored to the couple's unique circumstances, addressing issues like property division and debt allocation. By providing independent legal advice to each party, attorneys help prevent potential conflicts of interest and ensure that both individuals fully understand the agreement's implications. This comprehensive approach increases the likelihood that the prenuptial agreement will be upheld in court if ever challenged.

Are prenuptial agreements enforceable in Denver, Colorado?

Yes, prenuptial agreements are enforceable in Denver, Colorado, provided they meet specific legal criteria. The agreement must be in writing and signed voluntarily by both parties without coercion or duress. There must be a fair and reasonable disclosure of each party's assets, liabilities, and income prior to signing. The terms should not be unconscionable at the time of execution, meaning they shouldn't be grossly unfair to one party. Additionally, provisions related to child custody or support are generally unenforceable, as these decisions are made based on the child's best interests at the time of divorce.

Can a prenuptial agreement in Colorado include provisions for spousal support?

Yes, a prenuptial agreement in Colorado can include provisions for spousal support, specifying terms for maintenance or waiving the right to it. However, such provisions are subject to court review and may be scrutinized for fairness. If a spousal support clause is deemed unconscionable at the time of divorce, the court may modify or disregard it. It's essential that both parties fully understand the implications of these provisions when entering into the agreement. Consulting with legal counsel ensures that spousal support terms are reasonable and more likely to be upheld.

What steps should we take to create a prenuptial agreement in Denver?

To create a prenuptial agreement in Denver, start by having an open discussion with your partner about financial expectations and the purpose of the agreement. Both parties should then engage separate attorneys to receive independent legal advice, ensuring that each person's interests are adequately represented. Next, exchange comprehensive financial disclosures, detailing all assets, liabilities, and income, to promote transparency. Work collaboratively with your attorneys to draft the agreement, addressing key issues like property division, debt responsibility, and spousal support. Finally, review the document thoroughly before signing it well in advance of the wedding date to avoid any appearance of coercion or duress. For personalized assistance, please contact us.

Additional Information in Denver, Colorado

MetLife - What Is a Prenup?: Comprehensive overview of prenuptial agreements, defining them as contracts between two individuals created before marriage to outline the management of assets and debts in the event of divorce. It discusses scenarios where a prenup might be beneficial, such as residing in a community property state, having significant assets or debts, or entering a subsequent marriage. The article emphasizes the importance of full financial disclosure and suggests consulting with an estate planning lawyer to ensure the agreement's validity and fairness. Additionally, it touches on the potential costs associated with drafting a prenup, noting that expenses can vary based on complexity and location. By understanding these aspects, individuals can make informed decisions about whether a prenuptial agreement aligns with their personal and financial circumstances.

Investopedia - Prenuptial Agreement: What it is, How it Works: Overview of prenuptial agreements, defining them as contracts created before marriage that outline each spouse's rights and responsibilities, particularly concerning the division of assets and financial obligations in the event of divorce. It emphasizes that while prenups are often associated with wealthier individuals, they can be beneficial for any couple seeking clarity and fairness in financial matters. The article discusses the importance of full financial disclosure and voluntary agreement to ensure enforceability, noting that courts may scrutinize prenups for fairness and the absence of coercion. Additionally, it highlights that prenups can address property division, debt responsibility, and spousal support, but cannot include terms related to child custody or support, as these are determined based on the child's best interests at the time of divorce. By understanding these aspects, couples can make informed decisions about implementing a prenuptial agreement to protect their financial interests and establish clear expectations.

Nationwide - What you need to know about prenuptial agreements: Detailed overview of prenuptial agreements, defining them as contracts that catalog each person's properties, assets, and debts, specifying their rights to that property if the marriage dissolves or in the event of death. It emphasizes that prenups are not solely for the wealthy; individuals at any financial stage can benefit from them to clarify financial and property issues, including debt payment, in case the relationship ends. The article highlights that prenups can simplify the divorce process, making it less costly and painful for both parties. It also notes that while prenups are commonly associated with asset division during divorce, they can function similarly to a will. By understanding these aspects, couples can make informed decisions about implementing a prenuptial agreement to protect their financial interests and establish clear expectations.