Broomfield Postnuptial Agreements Attorney
Marriage can be a beautiful experience for those committed to making it work and enjoying their life together. Still, regardless of the emotional or social experience, it is also a legal contract. Many of us are familiar with a prenuptial agreement to protect assets before marriage, but some people who accrue assets or debts during a marriage may choose to sign a postnuptial agreement. If you need a postnuptial agreement, our Broomfield family law attorney at Danielsen Westhoff can help. Regardless of your expectations for the marriage, obtaining a nuptial agreement of any kind can be an invaluable decision to protect yourself and your spouse if the marriage dissolves.
Why Pursue a Postnuptial Agreement?
A postnuptial agreement may be appropriate for couples who did not sign a prenuptial agreement before marriage or who acquired significant assets after marriage. Some examples of situations that may prompt a postnuptial agreement are:
- Significant inheritance during marriage
- Owning a business
- Someone leaves a career to focus on domestic support
This agreement functions the same as a prenuptial agreement in that it focuses on dividing property and assets from the marriage in the event of divorce. Section 14-2-302 of the Colorado revised statute defines a marital agreement as “ An agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement.” An essential part of this definition is that it is meant for couples who intend to stay married.
Components of a Postnuptial Agreement
The components of a postnuptial agreement are similar to those in a prenuptial agreement. While they will never include custody agreements due to the inability to predict a child’s best interests before the act of separation, they will generally include agreements surrounding finances and assets by Section 14 of the Colorado Revised Statues. Including:
- Division of property
- Allocation of debts
- Spousal maintenance
- Attorney fees
These agreements require fairness or an otherwise equitable distribution. For example, a judge is not likely to enforce a postnuptial agreement that leaves one party with all the debt and liability and none of the assets. Regarding spousal support, the agreement does not have to follow the recommended formula in Chapter 14, but the further it deviates, the less likely the judge is to enforce it.
Is a Postnuptial Agreement Right for You?
Socially, there can be a lot of controversy surrounding a nuptial agreement, whether it be accusations of one spouse not trusting the other, or the expectation of a failed marriage. However, something to consider is that marriage is both a social or spiritual and legal construct.
If you are creating the legal contract of marriage, it only makes sense to provide legal protections for that contract, and that can be separate from your spiritual and social commitment to one another.
If you are in a marriage that has unexpectedly gained significant assets such as a successful business or inheritance, you may benefit from speaking with a Danielsen Westhoff attorney to explore your options. We are rarely divorcing the same person we marry, and a postnuptial agreement allows both of you to take care of each other in the unexpected event of divorce.