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Prenuptial Agreements in Colorado: What Couples Need to Consider

by Tanis McGonegal Family Law
Nov 1, 2024
prenuptial agreements

Like most states, Colorado is an equitable distribution state. This means that assets are split fairly in a divorce.

This may seem good enough, but in a divorce, you may desire even more protection. This is especially true if you have been married and have children. Or maybe your spouse has debts that you don’t want to inherit in a divorce.

A prenuptial agreement can help in these situations and more. Such a document allows you to split assets as you see fit, as long as the outcome is fair to both parties. In the past, only the wealthy had prenups, but anyone of any financial status can get one if they are concerned about assets in a possible divorce.

Is one right for you? Here are some pros and cons to consider.

Pros of Prenuptial Agreements

Prenups have many benefits. Here is a look at some of them:

  • Asset protection. Prenups can protect individual assets that each partner brings into the marriage, ensuring that personal property remains separate.
  • Debt protection. They can also shield one partner from the other’s pre-existing debts, preventing joint liability for individual debts incurred before the marriage.
  • Clarity and transparency. Prenuptial agreements require full disclosure of assets and liabilities, promoting transparency and honesty about financial matters between partners.
  • Avoiding conflicts. By outlining asset division and financial responsibilities beforehand, prenups can reduce conflicts and legal battles in the event of a divorce.
  • Inheritance protection. Prenups can ensure that certain assets or properties from previous relationships are preserved for children, protecting their inheritance rights.
  • Spousal support. These agreements can establish terms for spousal support in advance, providing clarity on what each partner can expect.
  • Career considerations. Prenups can account for one partner potentially sacrificing career opportunities to support the other’s career or to take care of children, ensuring fair compensation.
  • Business interests. For individuals who own businesses, prenups can protect business interests and prevent the need for a business to be divided or sold in a divorce.
  • Peace of mind. Having a prenup can provide peace of mind by setting clear expectations and protections, allowing both partners to enter the marriage with confidence.
  • Customized agreements. Prenups can be tailored to fit the unique needs and circumstances of the couple, making them flexible tools for financial planning.

Cons of Prenuptial Agreements

Prenups are not all good. They do come with some downsides, such as the following:

  • Unromantic nature. One of the biggest issues with a prenuptial agreement is the lack of romance involved. The very nature of a prenup, planning for a potential divorce before the marriage has even begun, can be seen as unromantic and might dampen the excitement and optimism surrounding the wedding.
  • Potential for unequal bargaining power. One party might have more influence over the terms, leading to an agreement that disproportionately favors them, especially if there is a significant disparity in wealth or legal knowledge.
  • Strain on relationships. Discussing and negotiating a prenuptial agreement can create tension and distrust between partners, potentially undermining the romantic aspects of the relationship.
  • Changing circumstances. Life circumstances can change significantly over time, and a prenup may not account for future changes such as career shifts, the birth of children, or other major life events, potentially leading to an outdated and unfair agreement.
  • Cost. Drafting a thorough and fair prenuptial agreement often requires the services of legal professionals, which can be expensive and time-consuming.
  • Possible coercion. One partner may feel pressured into signing the agreement, especially if the other partner or their family is particularly insistent, leading to feelings of resentment and coercion.
  • Enforceability issues. Not all prenuptial agreements are enforceable. Courts can invalidate them if they are deemed unfair, signed under duress, or if they do not meet legal requirements. This can lead to additional legal battles during a divorce.
  • Negative public perception. There can be a social stigma associated with prenuptial agreements, as they are sometimes viewed as a sign of a lack of commitment or trust in the relationship.
  • Impact on inheritance and estate planning. Prenuptial agreements can complicate inheritance and estate planning, particularly if one partner has children from a previous relationship or specific bequests they wish to make.

Contact Us Today

When you turn to Tanis McGonegal Family Law, P.C., you will speak directly with a knowledgeable family law attorney who understands the emotional and legal complexities of divorce. We offer a 20-minute consultation at no charge to discuss the basic aspects of your case and explain how our legal services can help you.

Contact us now to get started.

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