Protect your future with a marital agreement

Our family law attorneys prepare marital agreements for our clients, so they can enjoy their new life with their spouse without worrying about the future.

Talk to a lawyer and learn about your options in a divorce

Allison Sutton, partner and award winning family law attorney

Marital Agreement Steps

Meet

Collect Financials

Negotiate

Sign

Meet

The first step is to meet with your attorney to discuss your goals, assets that need to protect, and any agreement of the parties.

Get a marital agreement for financial certainty in an uncertain future

about marital agreements

Who benefits from a marital agreement

Marital agreements are not just for those who are considering marriage. In fact, an agreement can be drafted whether you are engaged or already married. A marital agreement entered into when a couple is engaged becomes effective upon marriage. Couples who are contemplating divorce cannot enter into a marital agreement. In that circumstance, the only solution might be legal separation or divorce.

prenups

Prenuptial agreements

For couples who haven’t yet married, a prenuptial agreement serves to address the financial issues mentioned above during their marriage, and upon its potential dissolution. If you bring significant assets to your marriage or if your fiancée has significant debts, a prenuptial agreement is an important way to protect yourself financially.

postnups

postnuptial agreements

Postnuptial agreements are beneficial for couples who were simply unable to procure a prenuptial agreement before their marriage became official. It can also be advisable when a change in financial circumstances warrants a new or updated written contract – such as a large inheritance, the creation of a business, or a change in liabilities for either or both parties.

legal standards

enforceability of marital agreements

In order for a marital agreement to be enforceable in Colorado, the agreement must: Be in writing, Have been entered into voluntarily by both parties, Include fair and reasonable disclosures by both parties regarding their assets and liabilities, Not be excessive or unreasonable, Not violate public policy or any laws.

legal standards

Limitations of marital agreements

There are some important limitations to marital agreements: an agreement cannot reduce or eliminate child support responsibilities for either spouse. Marital agreements also cannot punish a spouse for initiating a divorce or restrict lawful remedies for victims of domestic violence. Waivers of spousal maintenance and attorney fee allocations. can even be set aside by the court if they are deemed unfair.

Benefits of a Marital Agreement

Financial Security in the Event of Divorce

As a significant amount of marriages in the United States end in divorce. It's a good idea to have an agreement that dictates what you will take away from the marriage in the event of a divorce. A marital agreement can help ensure that your assets stay with you should your marriage break up.

The Ability to Pass Assets to Your Children

Marital agreements can provide a convenient way to ensure that some of your assets pass to your children from a previous marriage in the event that you pass away before your current spouse.

Indicating Your Commitment to the Marriage

Postnuptial agreements are sometimes entered into after a betrayal in the marriage when one partner wants to indicate their renewed commitment to the marriage by including terms that are favorable to the other spouse.

Reduce the cost of a divorce

A marital agreement defines things like property rights - who gets what property in the event of divorce, debt liability, spousal maintenance (alimony) and attorney fees. Who pays for legal fees if a couple has to go to court in the event of a divorce, separation, or annulment.