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Arvada Family Law Lawyer | What is Included in a Prenuptial Agreement?

by | Nov 27, 2019 | Family Law |

Read more about what can and can't be included in a prenuptial (prenup) agreement in Colorado.

A prenuptial agreement, or prenup, is often an uneasy topic to broach in Arvada and across Colorado. As mentioned before, prenups often get a bad rap, and people assume that when a person wants a prenuptial agreement, they are planning for the marriage to fail. While we know that it not the case, the stigma still exists. It could be argued that those who can work through the process of getting a prenuptial agreement are in a stronger place to take their vows. There is a complete sense of transparency and everyone knows what to expect when it comes to financial matters.

Things to Include in a Wheat Ridge Premarital Agreement

The first things that you need to include in your Wheat Ridge or Mountainview prenup is related to property. You need to discuss what property is considered individual or separate property and what is or will be considered martial property. You don’t want to just include the property you currently have. You want to make sure that you consider property that you may have in the future (i.e. inheritances) and how that will be handled. The next thing to include in your prenuptial agreement is information related to debts. You can allocate which debts belonged to which person. This way, if the marriage doesn’t work, then you will not be responsible for your ex’s debts. This would only apply to debts that occurred before the marriage.

What Can’t Be Included in a Prenup or Premarital Agreement in Jefferson County, Colorado?

There are some issues that cannot be addressed in the prenuptial agreement. One of those issues is child custody. You cannot add provisions for how child custody will be handled with your future children. The court sees child custody in the lens of what’s in the best interest of the children and will want to make those decisions at the appropriate time.

If you are ready to prepare your prenuptial agreement, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 for a free initial phone consultation.

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