McGuane And Hogan, P.C.
Protecting Your Assets.
Protecting Your Relationships.
303-691-9600
Call our offices in Denver & Aspen
We wrote the book on
Colorado Family Law

Is my prenuptial agreement still valid?

When spouses realize that it is time to file for divorce, it may seem like a blessing that they chose to create a prenuptial agreement, if they have one. However, simply having a prenuptial agreement in place does not guarantee that a judge will honor it, depending on the nature of the terms in the agreement and the way the spouses created it.

If the agreement is not well-constructed or includes terms that the law does not support or allow, the agreement itself may not withstand scrutiny. It could actually complicate your divorce rather than simply it. If you have concerns about your own prenuptial agreement and its ability to remain valid throughout the divorce process, it is important to carefully review the document and look for any mistakes or provisions that may cause trouble. An experienced attorney can offer professional guidance during this process, and help you understand the strongest options you have to protect your rights and priorities in the divorce process.

Errors in creation and execution of the agreement

If a prenuptial agreement is not carefully constructed, a judge or even the other spouse may push it over like a house of cards. Even if all of the provisions of the agreement are reasonable, sloppy creation of the document or outdated, inaccurate information and terms may nullify some or all of the terms. This can create a major hassle and raise costly questions.

A judge may also toss out an agreement that one party or the other signs under duress or without sufficient time to consider and seek proper legal guidance. Even seemingly small errors like forgetting to sign the document may present significant problems. Be sure to consider all aspects of the agreement -- and how you created it -- before assuming it will withstand scrutiny.

Illegal or unfair terms

Even if the document is created properly, if it contains provisions that the law does not support, it is likely to get tossed out of court. This may include illegal provisions that deal with criminal acts, or simply terms that attempt to predetermine issues like child support and child custody.

Child support and custody issues are not left up to parents, although a court may hear the parent's preferences in these matters. However, attempting to include provisions that dictate custody may not stand up if the court does not believe that the terms are in the child's best interest. Child support is strictly determined by courts upon reviewing the needs of the child and the resources of the parents.

It is always wise to carefully look over your agreement to help you anticipate problem areas. Do not hesitate to use every tool you have at your disposal to protect your rights and priorities in divorce, whether you have a prenuptial agreement in place or not. Professional legal counsel can help you assess your circumstances and create a strong strategy to achieve your divorce priorities.

No Comments

Leave a comment
Comment Information

McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
Denver Family Law Office

Aspen Office
215 South Monarch Street
Aspen, CO 81611

Toll Free: 800-574-3771
Phone: 970-920-7878
Map & Directions

Super Lawyers ALM Legal Intelligence - More research, More insight, More business
Contact Firm

Let Our Team Help You Make an Appointment Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy