Outstanding Guidance For Individuals And Couples Regarding Prenups
Prenuptial agreements are increasingly popular and most often used in marriages in which one or both parties have a significant net worth. A prenuptial agreement can protect assets by designating before the marriage what will remain separate property or how property will be divided in the event of a divorce. A prenuptial agreement also may be a smart decision if one party is bringing significant debt into a marriage or if one party is a business owner with significant assets or liabilities.
I am Tucker M. Katz, Attorney at Dietze & Davis, P.C., a family law attorney with extensive experience in drafting prenuptial agreements. I also represent clients in Colorado divorce cases when a prenuptial agreement exists and it is necessary to determine what aspects of that agreement are legal and enforceable. If you have already married, I can draft a postnuptial agreement for you.
Experience Drafting And Litigating Prenuptial Agreements
In Colorado, a prenuptial agreement must be in writing in order to be valid. Both parties must enter into an agreement voluntarily, and both parties must make full and complete disclosure of their assets before entering into a prenuptial agreement. Each party should have ample opportunity to consult with an attorney before signing a prenuptial agreement. Amendments to a prenuptial agreement are allowed either before or after a marriage. An amendment must be in writing and signed by both parties.
Generally speaking, prenuptial agreements address assets and division of property. A prenuptial agreement can also include an agreement addressing spousal maintenance in the event of divorce, as well as the responsibility of one party to pay the other party’s attorney fees in the event of divorce. However, the court can determine during divorce proceedings that a spousal maintenance agreement or agreement on the allocation of attorney fees is unconscionable.
What About Other Issues Related To Prenuptial Agreements?
Agreements regarding custody, visitation, financial support or anything regarding children cannot be part of a prenuptial agreement. Those decisions are always made or approved by the court after considering the best interests of the child. As a reputable lawyer who has handled numerous family legal cases, I can assist you in negotiating these arrangements or represent you at trial to seek a court order.
Ask For An Initial Consultation With Me
If you need help preparing, reviewing, negotiating or litigating a premarital agreement, call 303-872-8041 or use my contact form to schedule an appointment with an experienced Boulder prenuptial agreement lawyer. I work with clients in Boulder, Broomfield, Longmont, Fort Collins, Loveland and throughout the Front Range.