On behalf of Cooper, Tanis & Armas, P.C. posted in divorce on Friday, August 11, 2017.
When a Colorado resident who is planning on getting married wants to have a prenuptial agreement, it may be difficult to bring the topic up because of fears about how the other partner might perceive the request. It is common for prospective spouses to worry that prenuptial agreements mean that the other parties are planning to get divorced in the future, but that is not necessarily true.
Marriages are essentially contracts between two people, and it is smart to treat them as such. Both parties should view them with the idea that they should protect their individual interests while also identifying the roles and responsibilities of each spouse. When people are negotiating the terms of their prenuptial agreements, they must be completely honest, disclosing their assets and debts. This can give the parties clearer ideas about their partners and whether they mesh financially.
Prenuptial agreements are often used to plan how money will be handled during the marriage in addition to planning how the assets will be divided if divorces do occur. By clearly defining how the couple will handle these matters, conflict could be reduced.
If a divorce does happen, a prenuptial agreement can make the process go much more smoothly. As long as the agreement is legally valid, the family courts will likely uphold it and divide the assets accordingly. It is important that these agreements meet all of the legal requirements. If they do not, the courts may rule that they are invalid and divide the assets according to state law. It is also important for each party to have separate legal representation during the process.