Prenuptial and Postnuptial Agreements

Colorado Prenuptial Agreement Attorney

A prenuptial agreement, a premarital agreement and an antenuptial agreement are all interchangeable terms used to describe an agreement between parties contemplating marriage which defines how they will handle their financial affairs during the marriage, in the event of a future divorce and/or upon the death of one of them. Our attorneys have the background necessary to prepare and review prenuptial agreements. These agreements can be important when one or both partners:

  • Have significant assets
  • Have a business or professional practice
  • Wish to protect assets for children of a prior marriage
  • Anticipate a sizable inheritance in the future

A prenuptial agreement provides some predictability and minimizes disputes in the event the marriage later fails. Prenuptial agreements may also encompass the decisions made in estate planning, to provide some predictability in the event of a death of either spouse.

The parties can put a waiver or limitation of future spousal support into the agreement. If they do, that part of the agreement can be reviewed by a court. If the waiver or limitation is found to be unconscionable by the judge at the time of the divorce, the court can decide to award spousal support in the amount it rules appropriate. However, all other parts of the premarital agreement would be likely left intact.

Cohabitation Agreements

Domestic partners or couples who live together without being married may want a formal agreement to avoid later misunderstandings or disputes about their financial obligations to each other, the treatment of jointly acquired assets and other issues. These agreements are equally important when same-sex relationships are involved. Our attorneys at McGuane & Hogan, P.C., have prepared and/or reviewed cohabitation agreements for a number of affluent citizens of the state, and people of more modest means who simply want to provide some predictability for themselves, their partners and their financial futures.

Postnuptial or Marital Agreements

Even if no prenuptial agreement was prepared prior to the marriage, parties sometimes want to formalize agreements as to assets, liabilities and the like during a marriage even though no divorce is anticipated. Those agreements are commonly called marital or postnuptial agreements. Such an agreement might be appropriate if one party contemplates a risky business venture and the other spouse does not want to share in that risk. Such an agreement is also sometimes used to formalize commitments as to financial planning. Our attorneys have prepared and/or reviewed marital agreements for a number of clients who want to provide predictability for themselves, their spouses, and their financial futures.

Contact a Denver, Colorado prenuptial agreement attorney at McGuane & Hogan, P.C.