Denver Prenuptial Agreement Divorce Lawyers
Prenuptial agreements, or prenups, are contracts that couples enter into prior to getting married. Intended to provide some financial protections, prenups can play an important role when married couples divorce.
If you have a prenuptial agreement and are preparing for divorce, contact a trusted Denver divorce attorney at Uptown Law, LLC for important insights regarding your case and options. Our lawyers are highly skilled at upholding and refuting prenups, and we are ready to help you navigate the road ahead so you can achieve an optimal resolution.
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What Does a Prenuptial Agreement Cover?
Prenups can be tailored to fit the needs and expectations of soon-to-be-married couples. Some of the various aspects that prenuptial agreements can cover include:
- The financial obligations each spouse will have during the marriage
- The property that will remain separate versus the property that will be marital property upon getting married
- How any marital property (including marital assets and debts) will be split in the event of divorce
- The terms of any spousal support in the event of divorce.
In contrast, prenuptial agreements cannot legally contain terms regarding child custody and child support issues. This is because Colorado grants family law judges the authority to determine custody and child support issues, in the event of divorce, based on:
- What serves the child’s best interests
- The financial needs of the child
- The financial resources and obligations each parent has.
What’s the Difference Between a Prenup and a Post-Nuptial Agreement?
Prenups, which are entered into before a marriage, define financial obligations and protections that will take effect during and/or after a marriage. While postnuptial agreements can provide the same types of terms and obligations as prenups, postnups are entered into after a couple has married.
In the event of a divorce, a prenup or postnup can effectively serve the same role, detailing how specific financial issues will be handled as the couple dissolves the marriage.
Is My Prenup Valid?
The validity of your prenuptial agreement will hinge on factors like (but not necessarily limited to) whether the agreement:
- Was developed in accordance with Colorado law – Colorado adopted the Uniform Prenuptial Agreement Act (UPAA) in 2014, requiring that prenups are written and signed by both parties in the couple and that the couple must go through with the marriage for the prenup to be valid.
- Has been properly executed – This means that each spouse willingly signed a prenup without threats, coercion or duress. It also requires that each spouse had the opportunity to review the contract and/or consult a lawyer, if needed.
- Contains any illegal provisions – Any terms of a prenup that violate the law can result in those terms (if not the entire prenup) being invalidated.
A divorce attorney at Uptown Law, LLC can carefully look over your prenuptial agreement and explain whether it’s valid, how to uphold it or how to prove it’s invalid.
How Will My Prenup Impact My Divorce?
Valid prenuptial agreements may simplify divorce cases, clarifying issues – and quelling disputes – related to marital property and spousal support. Please be aware, however, that prenups (and postnups) may not necessarily fast-track divorce cases, especially if disputes arise over custody and child support. Nevertheless, valid prenups can reduce the issues at play in a divorce, potentially decreasing the duration and costs of a case.
Partner with a Denver Divorce Attorney at Uptown Law, LLC for Outstanding Representation: Contact Us
When it’s time to resolve a divorce case that involves a prenuptial or post-nuptial agreement, contact a trusted Denver divorce attorney at Uptown Law, LLC for excellent representation and favorable outcomes.
Call (303) 861-0485 or Email Our Firm for a Free Case Review.
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Whether you need limited or full representation for any type of divorce case, you can rely on the Denver family lawyers at Uptown Law, LLC. Knowledge, diligent and savvy, we can provide you with:
- Innovative solutions and exceptional advocacy
- Client-centered service and essential legal support
- Strategic representation while advancing your case towards the best resolutions possible.
At Uptown Law, LLC, we are focused on protecting our clients’ best interests while striving for excellent outcomes. Our attorneys are highly skilled at representing clients in all types of divorce and family law cases, including (but not restricted to) those involving complicated marital property, custody disputes and allegations of domestic violence.