The best time to determine how to split up a business is before the business dissolves. Just the same, the best time to determine how to split up your marital assets is before you get married. People who are going through a divorce may be dealing with an emotionally-charged situation and may not be concerned about being fair to their partner. Creating a prenuptial agreement before your wedding can ensure that you and your soon-to-be spouse enter into a legal relationship with clarity regarding your property rights. An Aspen prenuptial agreement attorney with Hogan Omidi, PC, is here to help you. Call us at (303) 691-9600 or contact us online for your confidential consultation.
Colorado Property Division Rules
Colorado is an equitable distribution state, meaning that when a couple divorces, the court can divide their property in any way it determines fair. This does not always mean an equal 50/50 split of the property but such a split is not uncommon. As well, Colorado defines marital property in ways that come as an unexpected surprise to people who received business or financial advice from out of state professionals or who believe that property is protected just because it’s not in joint names.
Absent an agreement by the spouses, the court will have the power to determine how to define and then how to divide marital property at the time of a divorce, potentially leading to undesirable and unexpected consequences.
Reasons to Get a Prenuptial Agreement
Prenuptial agreements can help protect your assets and avoid the state’s default rules regarding property classification and distribution. This gives you and your soon-to-be spouse the ability to determine how to treat property before you obtain it and define your property rights in case of death or divorce.
Prenuptial agreements are appropriate for many purposes, including:
- When one partner has significant assets that they are bringing into the marriage and they want to preserve the property as separate
- When one or both partners have children from a previous relationship and want to protect their children’s inheritance
- When one or both partners are involved in a family business and the family wants to keep it in the family in case of divorce
- When one or both partners have strong feelings about how to manage finances
Legal Requirements for Prenuptial Agreements in Colorado
Colorado prenuptial agreements must meet the following requirements:
- The agreement must be in writing and both partners must have the opportunity to consult their own lawyer and review the prenuptial agreement before signing it
- If one of the parties chooses not to have a lawyer, there must be a written disclaimer that explicitly states the rights the partner may be waiving by entering into the prenuptial agreement.
- Both parties must freely enter into the agreement, free of fraud or duress
- Each partner must provide full and fair disclosure about their finances and assets before they enter into the agreement
Protect Your Assets with the Help of a Knowledgeable Aspen Prenuptial Agreement Attorney
If you are considering a prenuptial agreement, an Aspen prenuptial agreement attorney from Hogan Omidi, PC can help. We can draft a prenuptial agreement that addresses your specific needs and concerns, review any prenuptial agreement your partner or their lawyer has presented to you, and seek to enforce or prove a prenuptial agreement is invalid in the event of divorce. Call or contact us online to schedule a confidential consultation.