June 1, 2020

Advantages to a prenuptial agreement in a divorce

Prenuptial agreements have started to become more common in marriages, particularly for couples who are entering into the union with significant wealth, assets, or possessions to their name. Couples who have children from a previous marriage also frequently choose to sign a prenuptial agreement. By entering into this contract ahead of time, both spouses are able to protect their best interests in the event they decide they no longer wish to stay married.

The significant advantages of this when it comes to filing a divorce are tremendous. A properly-drafted and fair prenuptial agreement can help significantly cut down on the stressful and difficult litigation processes for things such as money or property. When drafting these agreements while still in love, it’s easy to create a document that is fair, places the best interests of all parties involved at the forefront, and creates a solid safety net should things go downhill.
Even beyond possessions, prenuptial agreements can create an outline for rights to insurance policies, instructions for wills, and changes to employee benefit plans or other important items. They can also create provisions for spousal maintenance payments, allowing the couple to decide for themselves what is best for their situation and avoiding the grueling process of determining alimony in mediation or courtroom litigation.

How to File for a Prenuptial Agreement
Filing for a prenuptial agreement is relatively simple, and even more so with the help of a Denver divorce lawyer. There are a few conditions that must be met in order for the agreement to hold weight in court:

  • The agreement must be written and signed by both parties
  • Each party must have made a reasonable and fair disclosure of their possessions and property when entering the marriage
  • Both parties must enter into the agreement voluntarily and without coercion or obligation
  • Any spousal support provisions must be fair at the time of their enforcement (provisions that are unfair at the time of the divorce will be thrown out even if they were fair at the time the agreement was drafted and signed)

As the name states, a prenuptial agreement must be signed and agreed to before the completion and filing of the marriage certificate. Colorado does also recognize post-nuptial agreements as well, allowing couples to file a similar legally-binding agreement after they have entered into a marriage. This allows couples to protect their best interests and possessions in the event they wish to dissolve their marriage, even after they have already become married.

Peek Vasquez, LLC (former Peek Family Law, LLC) provides top-rated and quality legal advice and representation for divorces and other family law cases. Attorneys Sean Peek and Ricardo Vasquez are Denver family lawyers who have assisted numerous clients in the Denver area with a wide variety of cases, including prenuptial agreements, adoptions, custody disputes and more.

Request a case evaluation today by dialing (303) 495-5757 and retain our quality representation for your case.