Whether you are planning to marry or are already wed, a carefully drafted marital agreement can protect your financial interests, clarify each spouse’s rights and responsibilities, and provide peace of mind for the future.
Our attorneys advise clients on both prenuptial (premarital) agreements and postnuptial (martial) agreements. We recognize that each client’s personal and financial circumstances are unique, and we work diligently to prepare an agreement tailored to your specific needs.
Premarital Agreements
A premarital agreement is executed before marriage and can address the division of property, allocation of debts, spousal maintenance, and other financial matters in the event of divorce or death.
In Colorado, the Uniform Premarital and Marital Agreements Act (C.R.S. § 14-2-301 et seq.) sets out specific requirements which must be met for a premarital agreement to be binding. Our attorneys understand these requirements and provide guidance to ensure the agreement is respected when it matters most. Our attorneys are skillful in crafting provisions that reflect each individual client’s goals, including, but not limited to, provisions addressing separate property, business interests, and family inheritances.
Postnuptial Marital Agreements
A postnuptial martial agreement is entered into after marriage and can be a valuable tool for couples who wish to define or restructure their financial arrangement. Major life changes such as starting or selling a business, receiving a significant inheritance, or taking on substantial debt are common reasons couples turn to martial agreements.
The Uniform Premarital and Marital Agreements Act (C.R.S. § 14-2-301 et seq.) applies similar requirements to postnuptial agreements as to premarital ones. Our attorneys carefully advise our clients regarding these requirements and take every precaution to ensure that the martial agreement will remain enforceable long-term.
Intersection of Martial Agreements and Estate Planning
Marital agreements do not exist in isolation. The rights and obligations created by both premarital and postnuptial martial agreements can have significant consequences for your estate plan. Our attorneys understand how marital agreements interact — and sometimes conflict — with wills, revocable living trusts, and other estate planning instruments. Our attorneys work with our clients closely to ensure that their marital agreements and estate plans are aligned, consistent, and comprehensive.