Prenuptial Vs. Postnuptial Agreements
Getting married is often a romantic, whimsical experience. While everyone deserves to get caught up in their love for a partner, the legal component of a marriage is a contract, and like any other contractual agreement, you can benefit from protecting yourself. In marriage, this is done through a prenuptial or postnuptial agreement. An experienced Broomfield family law attorney with Danielsen Westhoff can help you determine the best approach for your situation.
Prenuptial and Postnuptial Agreements Protect Both Parties
The purpose of these agreements is to protect yourself and your spouse in the event of a divorce. If you marry without significant debts, valuables, or assets, it may seem like you do not need a prenuptial agreement. In some circumstances, this may be unnecessary. However, if your financial situation changes significantly during the marriage, you may begin to consider a postnuptial agreement to prevent unnecessary chaos.
The Broomfield County Courts typically try to consider all aspects of the marriage when determining an equitable split of assets. This includes addressing whether one person supported the other through school, or contributed domestic labor to support the other’s career. However, predetermined documentation in a pre- or postnuptial agreement can make the situation much faster and easier.
How Do I Know if I Need a Prenuptial Agreement vs. a Postnuptial Agreement?
The biggest difference between a prenuptial and postnuptial agreement is whether you draft the agreement before or after your marriage. Though they may also vary in scope depending on the situation. However, they are both meant to protect you and your spouse in the event of a divorce in Broomfld, Colorado. They often cover topics like:
While not required, it is often advisable for each party to secure an attorney to assist with the agreement, ensuring fair and equitable treatment, as well as enforceability.
Prenuptial Agreements
A prenuptial agreement is signed prior to the marriage and often addresses debts and assets that each party brings into the marriage. This may include student loans, family heirlooms or personal valuables, and saving or retirement accounts. A prenuptial agreement generally does not address matters of child custody, but it may include financial or inheritance protections for the children of a party entering into a marriage.
Postnuptial Agreements
A postnuptial agreement is signed after a couple is married. These typically include any of the above-listed topics, but may also include terms that address marital issues or concerns. Many couples find that forming an agreement regarding issues such as financial transparency, infidelity, or other concerns can help solidify their trust in the relationship.
Additional Considerations in a Broomfield Nuptial Agreement
A pre- or postnuptial agreement can provide clarity and expectation in your marriage. Many people may be hesitant to ask for or initiate this type of agreement, but when you consider that the legal aspect of a marriage is essentially a contract, it seems reasonable to ensure your interests are contractually protected without compromising the emotional trust and commitment you have formed.
Whether you form a prenuptial or postnuptial agreement, these typically will not address matters of child custody or visitation, as this is something that a judge will determine based on the best interest of the child. While discussing the possibility and expectations of a divorce may be beneficial, it is unlikely to be enforceable.
If you have questions or concerns regarding a pre- or postnuptial agreement, what to include, or ensuring it is enforceable, you should speak with an attorney.