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Wheat Ridge Divorce Attorney | Protecting Your Assets in Divorce with a Pre-Nup

On Behalf of | Dec 15, 2017 | Divorce |


While Wheat Ridge and Jefferson County prenuptial and postnuptial agreements often have a bad reputation, they can be very helpful in protecting you, your children, and your assets.

Important Facts About Prenuptial and Postnuptial Agreements in Jefferson County

A Jefferson County 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.

The Dos and Donts of Premarital and Marital Agreements

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.

Make sure you consult an attorney before executing and kind of marital agreement. If you are getting married or currently married and want to make sure you are protected, contact the best Wheat Ridge family law attorneys from the Pearman Law Firm at 720-259-9528 for a initial phone consultation.