Fort Collins
Prenuptial and Postnuptial
Agreement Lawyer
Fort Collins Prenuptial and Postnuptial Agreement Attorney
A prenuptial agreement is a legally binding contract created by two people before they are married outlining how the couple will organize and distribute their finances, property, and other assets should they divorce. A postnuptial agreement is similar in concept to a prenup, but it is created after the couple is already married. This type of agreement can be used to settle financial disputes or to create a plan for dividing assets in the event of a divorce. Both legal options exist to help protect each person's interests and to prevent lengthy and costly court battles.
If you are considering advancing premarital or post-marital agreements, it is essential to consult with a Fort Collins prenuptial and postnuptial agreement lawyer. At Johnson Law Group, our family law attorneys can help examine your situation and advise you on the best legal option for your divorcing needs. We will draft a comprehensive and enforceable agreement that protects your rights and interests without missing any critical details.
What Requirements Must Be Met For a Prenuptial or Postnuptial Agreement to Be Valid?
For a prenuptial or postnuptial agreement to be valid, it must meet specific requirements. These requirements include:
- Full disclosure: Both parties must fully disclose their financial situation. This includes income, debts, assets, and other financial information that could affect the agreement.
- Consent: Both parties must consent to the agreement. This means that they must agree to all of the terms and conditions contained in the agreement, and their agreement must be in the form of a signed contract.
- Fair and reasonable terms: The terms of the agreement must be fair and reasonable. This means they cannot be overly restrictive or unfair to either party. For example, a deal that prohibits one party from ever seeing their children would not be considered reasonable.
- No duress: Both parties must agree willingly and without any duress or coercion. For example, an agreement that is signed under threats of violence would not be considered valid.
- Competent parties: Both parties must be competent to enter into the agreement. This means that they must be of sound mind and able to understand the terms and conditions of the agreement.
- Witnesses: The agreement must be witnessed by at least two people.
- Notarization: The agreement must be notarized by a licensed notary public.
These requirements all must be met for a prenuptial or postnuptial agreement to be considered valid. If any of these requirements are not met, the agreement may be considered invalid and unenforceable.
frequently asked questions prenuptial & Postnuptial agreements
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What Cannot Be Included in a Prenuptial Agreement?Personal preferences or demands, such as how often the trash should be taken out or who is going to do the laundry, cannot be included in a prenuptial agreement. You can, however, include provisions for things like division of property, debt, child custody, and support in the event of a divorce.
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What Do I Need to Know Before Signing a Prenup?Entering a marriage is a big decision, and you should make sure that you are comfortable with all of the terms and conditions of the prenuptial agreement before signing it. You should also make sure that you understand the full financial disclosure that is required. Lastly, you should consult with a prenuptial and postnuptial agreements attorney to ensure that the agreement is fair and reasonable and that it meets all of the legal requirements.
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What Makes a Prenuptial Agreement Invalid?If a prenuptial agreement is found to be unconscionable, lacking witnesses or a notary, signed under duress, or if either party did not fully disclose their financial situation, it can be invalidated. If any of these are found to be true, the court may find the agreement to be invalid and unenforceable.
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What Are the Rules of a Prenup?The rules of a prenuptial agreement stipulate that it must be in writing, officially signed by both individuals in the relationship, and witnessed by at least two other people. The agreement must also be notarized by a licensed notary public. Lastly, the terms of the agreement must be fair and reasonable. When drafting a prenuptial agreement, it is important to consult with an attorney to ensure the agreement meets all legal requirements so that there are no surprises later on.
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What Can a Prenuptial and Postnuptial Agreement Be Used to Protect?
A prenuptial or postnuptial agreement can be used to protect a variety of interests, including:
- Property and assets: A prenuptial or postnuptial agreement can be used to protect each person's separate property and assets. This includes homes, cars, investments, businesses, and other valuable possessions. These are typically high-ticket items that each person wants to keep in the event of a divorce.
- Income and debt: These agreements can also be used to protect each person's income and debt. From student loans to credit card debt, a prenup or postnup can help prevent one person from being responsible for the other person's debts, while preserving each person's income.
- Children from a previous relationship: If you have children of a prior relationship, a prenuptial or postnuptial agreement can be used to protect their interests. This includes custody arrangements, child support, and visitation rights.
- Business interests: If you own a business, a prenup or postnup can help protect your business interests in the event of a divorce. This includes preventing your spouse from claiming business ownership or receiving a portion of the profits.
- Future earnings: A prenuptial or postnuptial agreement can also be used to protect each person's future earnings. This includes inheritances, trust fund distributions, and other income streams that may be acquired during the 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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- Lisa H.
Shana Velazquez and Julie Hernandez helped me with my divorce and they were amazing. Shana was so good about explaining everything to me and calming my anxiety. Being 64 and going through a divorce was very daunting to me and I appreciate their help and kind words more than words can say. I highly recommend them!
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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.
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I was in a very difficult custody/child support dispute with my ex-spouse. The Johnson law Group and in particular Elizabeth Gregory was phenomenal with their representation of my case. Working with her was such a wonderful experience, kept our goals at the top of every conversation, knew all points and avenues that we could take, never lead us in the wrong direction. I would recommend this firm to anyone who is going through a family law issue.- Liz
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My Attorney and Paralegal Kara Mietlicki are such a wonderful team. I’ve seen them in action and it’s amazing.They will go to battle for someone that they believe in. They will work endlessly to make sure that their client gets their paternal rights. I am thankful that they are by my side through the toughest struggle I have ever experienced in my life. I highly recommend their representation.- Shawndabney W.
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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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This review nor a amount a amount of characters can express how grateful I am for Johnson law. From the moment I called they gave me a peace of mind that they where going to be able to help me through my child custody situation. I worked with Yasaman and she was super professional and caring. From the moment she started working on my case and laid down the road map to our approach to my case it happened to a tee. She never misled me or over promises anything but over delivered every step of the way! The last 6 months would of been hell if it wasn’t for Johnson Law and Yasaman.- Jaime S.
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Myles is the most amazing attorney to ever exist. He is always responsive. Cut me a couple deals with phone conversations. He was so helpful throughout the entire process and really cares for his clients. My family would not be whole if it wasn’t for him. I will forever be indebted to him and would refer anyone that needs a family law attorney to this practice. Thank you so much Myles.- Corey
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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.
Contact a Johnson Law Group Divorce Lawyer Today
If you are debating on entering into a prenuptial or postnuptial agreement, it is important to consult with an experienced attorney. At Johnson Law Group, our experienced team of attorneys can help you draft a valid and enforceable agreement that meets all your needs.
Contact us today to schedule a consultation and begin leveraging the power of marital agreements to protect what is most important to you.
