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Protecting Assets in Divorce - Pre-Nup

A prenuptial agreement (pre-nup) or a postnuptial (antenuptial) agreement may substantially impact your property division, debt division, and an award of maintenance in a divorce. Here are some things you should know:

  • A premarital agreement is the same as a prenuptial agreement. It is signed before you are married. A marital agreement is the same as a postnuptial agreement or antenuptial agreement, which is signed after the marriage.
  • Both premarital agreements and marital agreements may be enforced by the court but only if done correctly.

Some important things to do if you are entering into a premarital agreement or marital agreements are:

  • Do not sign just before the wedding. The closer to the wedding, the more likely there will be a claim for duress.
  • Do disclose your income, expenses, debts and assets completely.
  • Do have attorneys for each spouse.
  • Do have a written agreement.
  • Do have an attorney prepare your document and provide legal advice to both of you before you sign.
  • Do sign the document before a notary public.
  • You can agree to not divide appreciation in marital property at the time of a divorce.
  • Do have your attorney sign the document at the same time.
  • Include the following language conspicuously displayed, substantially similar to the following, as applicable to the premarital agreement or marital agreement:

If you sign this agreement, you may be: Giving up your right to be supported by the person you are marrying or to whom you are married. Giving up your right to ownership or control of money and property. Agreeing to pay bills and debts of the person you are marrying or to whom you are married.Giving up your right to money and property if your marriage ends or the person to whom you are married dies.Giving up your right to have your legal fees paid.

Make sure you consult an attorney before executing and kind of marital agreement.

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Pearman Law Firm, P.C.

Pearman Law Firm, P.C.
4195 Wadsworth Boulevard
Wheat Ridge, CO 80033

Toll Free: 888-835-6339
Phone: 720-259-9528
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Phone: 720-259-9528
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