Marital Agreements
An estate plan alone may not be sufficient to protect you and your family in the event of divorce or death.
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Two topics most people avoid are divorce and death. It’s not surprising that the last thing most couples want to discuss prior to, or during, marriage is the division of property in the event of divorce or death. However, with many couples getting married later in life, prenuptial and postnuptial agreements are becoming more important, and more popular. Under the Uniform Premarital and Marital Agreements Act, prenuptial and postnuptial agreements are referred to as marital agreements.
Couples can enter into a premarital agreement before marriage, or a marital agreement after marriage, but prior to a divorce. Both types of agreements are enforceable if several requirements are met.
Everyone has a “marital agreement” of sorts. It’s either the one provided for you in accordance with the laws of the state of Colorado or one specific to you and your partner. The reason to enter into a marital agreement is to alter the rights provided by Colorado law of one or both spouses to the property of the other in the event of divorce, death, or both. You may consider a marital agreement if you seek certainty with respect to the disposition of property in the event of divorce or death, to protect family or individual wealth, to protect business interests, to protect children from a prior marriage, or to protect your interest in a family trust or other inheritance.
You may be nervous to broach the subject of a marital agreement with your significant other. Elizabeth counsels her clients through making a marital agreement a less taboo subject. It can be less intimidating than you think. Communication is key.
As a prior family law attorney, Elizabeth has a unique perspective on the issues related to the division of property in a divorce. She thoroughly reviews with her clients the many issues that a marital agreement can cover. After an in-depth meeting listening to her client’s unique concerns and reviewing the topics that a marital agreement can address in the event of divorce and death, Elizabeth works closely with her clients to prepare an agreement that is tailored to her clients’ individual needs and goals.
A complimentary call discussing your needs, our process and fees, and talking through your preliminary questions.
An in-depth meeting either in our office or via video conference addressing all aspects of your estate plan, the probate process, or marital agreement.
In preparation for our initial meeting, we provide you with a questionnaire to complete or a checklist of information to gather.
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1. Both parties must have access to an independent attorney. If a party does not have an attorney, there must be a clear warning (a notice of waiver of rights) on the agreement. The waiver of rights language must be similar to the below:
If you sign this agreement, you may be:
2. A premarital or marital agreement must be in writing and signed by both parties.
3. Consent to the premarital or marital agreement must be voluntary and not the result of duress.
4. Both parties must make a full disclosure of their income, assets, and debts.
A complimentary call discussing your needs, our process and fees, and talking through your preliminary questions.
An in-depth meeting either in our office or via video conference addressing all aspects of your estate plan, the probate process, or marital agreement.
In preparation for our initial meeting, we provide you with a questionnaire to complete or a checklist of information to gather.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's
A complimentary call discussing your needs, our process and fees, and talking through your preliminary questions.
An in-depth meeting either in our office or via video conference addressing all aspects of your marital agreement, including your unique concerns and the many topics that can be addressed in a marital agreement.
In preparation for our initial meeting, we provide you with a questionnaire to complete.
After the initial meeting, Elizabeth will follow-up with you on outstanding issues. She will work closely with you to draft your agreement and will keep you apprised of communications with your partner's attorney until a final agreement is reached.
