Colorado Springs Pre & Post-Nuptial Agreement Attorneys
A prenuptial agreement is not always the first thing on the minds of newlyweds, but it is important to consider. Both prenuptial and postnuptial agreements create contracts between couples that determine how assets are separated between parties, which can protect assets and often make divorce go more smoothly. Marriage agreements can cover assets that you currently have and those that you will have in the future of your marriage.
However, martial agreements can sometimes lead to other disagreements during divorce, such as the validity of the agreement. It is important that when you make a prenuptial or postnuptial agreement in Colorado Springs, you take care when executing it so that the plans it details are legally enforceable.
Understanding Marital Agreements and Contracts in Colorado Springs
Both prenuptial and postnuptial agreements are written contracts that couples create to determine asset division in the event of divorce or death. Prenuptial agreements are made before the couple gets married, while postnuptial agreements are created after marriage. Postnuptial agreements can be useful if a new business or inheritance is given to one spouse after marriage, and they want to protect that asset, or the other spouse wants to avoid liability for that asset. A marital agreement’s main function is to protect assets and wealth, like a business or inheritance, and determine the inheritance of your estate.
This can be especially useful if both parties do not want to be subject to Colorado laws for divorce asset division. Colorado is an equitable distribution state, rather than a community property state, and some married couples want to decide for themselves how assets are divided. If the marriage comes to a divorce, a prenup can also decrease the cost of the divorce because there is already a plan for asset division and time in court is not needed to divide property.
frequently asked questions Prenuptial & Postnuptial Agreements
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Are Postnuptial Agreements Legally Enforceable in Colorado?If the agreement complies with Colorado law and requirements for marital agreements, the court will enforce a postnuptial agreement in divorce cases. These compliance requirements are the same as they are for prenuptial agreements and must be carefully created so that they are considered valid.
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Do You Need an Attorney for Prenuptial Agreements in Colorado?An attorney is not required, but legal representation can help ensure that the agreement is seen as valid and enforceable in the future. You can sign a prenuptial or postnuptial agreement without legal counsel, but the agreement must include a waiver of certain rights. Both parties must have the financial ability and opportunity to acquire legal representation, even if neither has any. The lack of legal representation may be taken into account by the court during a divorce and may affect whether the court sees it as valid.
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How Do I Get a Postnuptial Agreement in Colorado?A postnuptial agreement needs to be in writing and signed voluntarily by both parties. The terms of the agreements must be reasonable, and there must be full disclosure of assets and debts by both parties. If these and other legal requirements are met, you can complete a postnuptial agreement.
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What Cannot Be Included in a Postnuptial Agreement?Martial agreements can’t decide future child support or child custody, or modify court-ordered separation. Terms must also not negatively impact the person who initiates divorce. The agreement also cannot violate public policy or violate Colorado or federal laws, such as domestic violence or bigamy laws.
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Can a Marital Agreement Be Overturned?If the court determines that the agreement was made under duress, or that one party misrepresented their assets, or another legal failure of the agreement, it would be overturned. That is why you want to consult a Colorado Springs martial agreement attorney to be sure that the contract is fair and legally binding in court.
Our Attorneys Meet Your Legal Team
At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.
Why Do I Need a Marriage Agreement Attorney?
The legal issues regarding prenuptial and postnuptial agreements can be very complex, and it is important that both parties have experienced legal representation. Although Colorado law does not require legal representation, it does require that both parties have access to legal representation.
While it is possible to create a marital agreement yourself, you and your spouse are more likely to overlook something or make a mistake that could make it inadmissible or unenforceable in court. If you work with an attorney with experience in material agreements, they can ensure that it is legally valid and covers the issues both parties want it to. It also makes it more likely that both parties will see a fair outcome to the agreement. An attorney is particularly useful if your circumstances are unusual or unique. They will be able to create a legally enforceable marital agreement that is adapted to fit your situation.
Some couples are wary of signing an agreement regarding potential divorce. It is important to remember that signing these papers does not mean that you are going to get a divorce; you are just preparing for uncertain life events to the best of your ability. Marital agreements can also set some expectations for a long and healthy marriage.
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Individualized AttentionJust as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
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Highly RecommendedOur clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
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Supportive CounselWe never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.
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From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.- Brady M.
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- Tangee B.
I hired Johnson law group for an adoption matter. I worked with Daniel Sol as my attorney and his assistant Katie Wilson. They were with me every step of the way. Daniel listened to all of my concerns and helped to address all issues. Without their assistance and guidance, I would have had a much harder time making it through my case! I highly recommend Daniel sol, Katie Wilson and Johnson law group
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
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They were very professional and showed heart warming empathy towards me. The entire group treated my like an actual person and not just another client. My questions were always answered in a timely manner and the process was so easy. I would absolutely recommend the Johnson Law Group to anyone reading this and I will be telling anyone I know, that may also need their services. They will treat you right and be in your corner.- Kimberly D.
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- Aaron
Myles is the best representation for anyone who has to go through an APR case. From day 1 he was very welcoming and attentive to me and what I was going through. I always felt very respected by him and the other members of his firm. Myles always took the time to really investigate any information or things involved with my case. I knew he was truly invested in my best wishes. When there were deadlines that needed to be met, they always were. If I was ever confused about a process, paperwork or court proceedings Myles took the time to explain and make sure I was comfortable and understood what was going on. All the way through Mediation. He was an absolute success and I could not have asked for better representation. I will always recommend Myles to anyone in need an attorney.
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I called Johnson Law Group extremely frustrated and stressed with the process of my custody case. From the consultation to every conversation after, Elizabeth went out of her way to make sure that i was comfortable with all the matters and decisions. My goals and the safety of my children were always the priority to the JLG team. I highly recommend Elizabeth and the whole Johnson Law Group team to anyone going through custody matters. Elizabeth, Cassidy, and Paola were amazing. I would happily use them again if needed.- Patricia
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- Morgan M.
Katie and Daniel were both attentive and able to handle a case of mine in a short period of time. I highly recommend this firm.
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They’re professional and supportive team work was beyond efficient and they got the job done in the least amount of time and with the least stress possible. They’re an amazing team to help with family needs and are always available to answer any questions or support. I would definitely recommend Myles and Genet Johnson for any family legal needs.”- M.A.
Colorado Spring Marital Agreements Attorney
At Johnson Law Group, LLC, we have the experience needed to be sure that your agreement operates under the law and is fair to you and your spouse. Contact us today.
