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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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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Before working with Johnson Law. I had a previous attorney who completely screwed us over. He definitely only took us on for the money. He had no communication, mixed us up with different clients and so much more. So my husband and I were very scared working with a different attorney and getting screwed over again but we took the chance with Johnson law. We are currently working with Shana Velez, Kristina Contreras, and Julie Hernandez. After expressing my concerns because of the previous attorney they have kept amazing communication with me. They know who they are speaking to every time, they know my case, and they definitely don’t try to just take my money. They do their best to save me money as much as they can! These ladies have done such an amazing job with my case so far! 10/10 highly recommend! I will be back with another review once we are done working with them :)- Sierra S.
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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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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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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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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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I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.- Bonnita
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- Crystal H.
I came to the Johnson Law Group during a time of extreme stress. Andrea Dalton accepted my case and made me feel right at ease. She is compassionate, gives sound advice, and helped me obtain over $20,000 that my ex husband was illegally withholding from me. I appreciate her for giving me the confidence to stand up for myself. If I have any issues with my ex in the future, I will not hesitate to reach out to Andrea for help.
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.
