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Colorado PreNups and Marital Agreements

Thursday, 20 December 2007

Our Family Law Attorneys in Colorado Springs are well versed in drafting your Pre Nuptial Agreement. In Colorado a "prenup" or Marital Agreement may be drafted either before or after the wedding, but must be signed before the filing of any divorce.

Parties may agree to their property rights and obligations, the acquisition or disposition, the management or control of property, the manner in which property will be divided on death, divorce or the occurrence of any other event. Parties may also agree on spousal maintenance, i.e. alimony, or the making of a will or trust to carry out the agreement, on life insurance ownership and death benefits, on rights to retirements, or any other matter concerning the rights of the parties to each other which is not in violation of public policy. Any agreement regarding custody or parenting time of children will not be binding on a Court. Parties must make a full disclosure of all income and assets to each other. Fraud or concealment is one ground upon which an agreement may be deemed unenforceable. Another ground to set aside a prenup is an unconscionable agreement. Generally, duress is difficult to prove. A refusal to wed unless the agreement was signed, even 2 hours before the ceremony, was held insufficient and the court enforced the agreement.

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