Prenuptial Agreements

Boulder Prenuptial Agreement Attorney

Protecting Your Financial Status Before You Change Your Marital One

Preparing for your wedding can feel like a full-time job. While picking the venue, food, and seating arrangements are often exciting tasks, other items on the marital to-do list can seem like daunting chores. One such duty is drafting a prenuptial agreement.

Despite their uncomplimentary reputation, prenuptial agreements are beneficial legal pacts that stand only to help couples. Through them, partners, while not feeling antagonistically against the other party, can logically prepare however the marriage ends – whether in death or in divorce. Trust Barre M. Sakol, P.C. to help create a premarital agreement that’s right for you.

Call Barre M. Sakol, P.C. at (720) 999-9506 for help protecting your personal wealth and property before your marriage.

What You Can Include in a Prenup

Prenups give spouses a chance to outline their expectations for their marriage and decide how matters will be handled should it end prematurely or by death. Our attorney will craft a prenuptial agreement that fits your needs, documenting protocols for how to handle matters such as:

  • Debt division
  • Employee benefit division
  • Guidelines for defining what future assets will qualify as separate and marital property
  • How to divide anticipated marital property
  • How to divide premarital assets in the event of divorce or death
  • Life insurance division in death or divorce
  • Retirement plan division
  • The right of each spouse to the other’s property
  • Whether alimony will be paid, and, if so, how much and for how long
  • Whether each spouse will be required to draft a will to carry out the prenup terms on property division and to make sure that your estate is divided the way you want it to be, etc.

What You Can’t Include in a Prenup

Premarital agreements can house a number of important decisions between couples. However, there are still some matters that cannot be answered in a prenup. The inclusion of these topics will render the entire document invalid.

Your premarital agreement cannot decide on child custody or child support. The court reserves the right to make these decisions at the time of the divorce so that they may reflect the child’s best interest at that point. What’s more, with child support, payments are based on the needs of the child as well as the ability of either parent to provide financial assistance. This is again based on the circumstances of your family at the time of separation.

Additionally, prenups cannot violate public policy, detail binding parenting duties, punish a spouse if they elect to initiate a dissolution of marriage, or modify the grounds for divorce in some way.

A prenup can address alimony; however, if the provision is to be totally inequitable at the time of the divorce, that provision will be unenforceable.

When a Prenup Is Unenforceable

Beyond including child support and child custody related decisions, a prenup could be deemed unenforceable if it was signed illegitimately. Prenups are not valid if they:

  • Are decidedly unconscionable
  • Conceal financial information
  • Were signed under duress
  • Were signed while one party was prevented from seeking advice from their own independent legal counsel

Professional Assistance Dedicated to Protecting You

Let Barre M. Sakol, P.C. help you check this final task off of your to-do list. While carefully listening to your individual goals, our attorney will apply their 40+ years of experience to carefully draft a document that you feel protects your interests and those of your soon-to-be-spouse. Call us at (720) 999-9506 for more information.

Contact our Boulder attorney to start drafting your prenup today.

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