How To Bulletproof a Prenuptial Agreement

August 18, 2022

How To Bulletproof a Prenuptial Agreement

If you are getting married, and you would like to establish a prenuptial agreement (also known as a prenup), there are certain things to consider which will make your prenup airtight and legally enforceable. It is true that no one likes to even consider the idea of a divorce before the marriage even begins, however, creating a prenuptial agreement can ensure that your legal rights and assets are protected if a divorce should ever occur. The following are some ways to create a solid and bulletproof prenuptial agreement, and when you are finished, you can move on to the more enjoyable act of planning your wedding. If you are interested in learning whether or not a prenuptial agreement would be right for your circumstances, consider visiting with the experienced family law attorneys at Johnson Law Group at (720) 463-4333 Text-to-Chat (720) 730-4558 to learn more.

Propose the Prenuptial Agreement Idea

The most difficult part of initiating a prenuptial agreement may be bringing up the subject with your spouse-to-be.  Prenuptial contracts have the reputation of being a way to plan for a divorce, so the idea may seem distasteful. Framing the idea in the correct way is essential, and talking points end up being unique to each couple. Discussing a prenuptial agreement may include explaining one’s professional commitment to a medical practice or small business or explain how one spouse feels obligated to protect the interests of children from a previous marriage. There are many reasons that a person may want to consider a prenuptial agreement, none of which have to do with the idea that they want a divorce in the future. It is important to ensure that you and your future spouse are always on the same page financially, and broaching the subject of a prenuptial agreement can be a strong foundation to other financial conversations in the future of your marriage. If you are interested in learning the exact topics you need to discuss in your conversation with your future spouse, consider visiting with the dedicated family law attorneys at Johnson Law Group before you broach the subject with your fiancé.

Be Quick

As unromantic as a prenuptial agreement seems, some recommend it as one of the first tasks a couple should discuss together after they get engaged. It is natural to want to jump in and start planning the wedding, but it is important to also act quickly regarding a prenuptial agreement. In fact, it is wise to establish a prenuptial agreement before the busyness of wedding planning starts. If you wait until wedding plans are made, there could be legal problems later. Get started with the prenuptial agreement before the wedding dress is purchased and invitations are chosen, so there will not be an argument made that the prenuptial agreement was made under duress, or involved any kind of coercion by one spouse against the other to sign the agreement

Be Honest

Just as honesty is an essential foundation on which to build a marriage, it is crucial to be honest with your spouse-to-be regarding your finances, assets, and any future inheritances you may receive. If you attempt to hide anything, it may cause the prenuptial agreement to be declared legally invalid later by a court.

Be Reasonable

A sense of give and take is at the heart of a marriage, and your prenuptial agreement should include the concept of two people entering into a union. When drafting a prenuptial agreement, do not include every triviality or petty detail possible -- only those which are the most necessary. If you try to include any frivolous or controlling clauses in your prenuptial agreement, it may be considered invalid by a judge at a later time. Items that cannot be included in some states are anything related to alimony, child support, child custody, or illegal acts.

Considerations Within a Prenuptial Agreement

Here are some items that a couple may consider when drafting a prenuptial agreement:

  • Identify premarital property and decide how to treat it upon divorce or death
  • How to pay pre-existing debts
  • How to handle tax issues with the Internal Revenue Service
  • Support of and payment for expenses for children of a prior relationship
  • Treatment of marital property placed into joint ownership
  • Entitlement to alimony (spousal support) post-marriage

If you are interested in learning more about a prenuptial agreement, and if it might be right for your financial and legal circumstances, consider visiting with our compassionate and dedicated legal team at Johnson Law Group today.

Follow Legal Guidelines

Many states issue clear guidelines that the prenuptial agreement must be reasonable and must have been entered into voluntarily by both parties. In addition to this, the document must be written, lawful, be signed voluntarily by both parties, contain a notary’s signature, and each party must have had at least seven days to seek legal counsel before signing the agreement. The prenuptial agreement should be signed at least thirty days before your wedding day, to ensure that it will hold up in court.

Contact an Experienced Colorado Family Law Attorney

It is essential to take the necessary legal steps as you draft your prenuptial agreement. Obtaining the advice and counsel of a qualified attorney can ensure that your legal rights and finances are protected. Protecting your assets and legal rights through a bulletproof prenuptial agreement can be challenging and complex. Hopefully, you will have a long marriage, and never need to use it, but if you do, your legal and financial interests will remain protected. Contact our experienced family law attorneys at Johnson Law Group at (720) 463-4333 or Text-to-Chat (720) 730-4558 today for a free consultation, and to help you with your prenuptial agreement.

Our latest

BLOG POSTS

SEE ALL POSTS
OVERBOARD: HOW TO AVOID SINKING
IN YOUR COLORADO FAMILY LAW CASE
Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
GET YOUR FREE COPY TODAY
Our experience, dedication to Colorado families, and our success in each case we represent sets us apart from the competition. We are passionate about family and estate law. Our highly-qualified team will work tirelessly to achieve the best possible results in your case.

COMMERCE CITY

13599 East 104th Avenue 
Suite 300
Commerce City, CO 80022
Phone: 720-452-2540
Fax: 720-500-6087
Directions

DENVER

2373 Central Park Blvd.,
Suite 300
Denver, CO 80238
Phone: 720-452-2540
Fax: 720-500-6087
Directions

FORT COLLINS

2580 E Harmony Rd
Suite 201 
Fort Collins, CO 80528
Phone: 720-452-2540
Fax: 720-500-6087
Directions

COLORADO SPRINGS

2438 Research Pkwy
Suite 205
Colorado Springs, CO 80920
Phone: 719-624-8712
Fax: 720-500-6087
Directions

CONTACT US

Fast & responsive family law team
  • This field is for validation purposes and should be left unchanged.

Johnson Law Group, LLC is located in Denver, CO and serves clients in and around Englewood, Denver, Aurora, Littleton, Wheat Ridge, Adams County, Arapahoe County and Denver County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Copyright © 2022 All rights reserved.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram