For couples who want to establish an agreement akin to a prenuptial agreement, but are already married to each other, a postnuptial agreement can work to serve the same or a similar purpose as a prenuptial agreement does. However, just as with any legally binding contract, drafting an enforceable postnuptial agreement is not an easy task to undertake.
If you and your spouse are interested in having a postnuptial agreement made between the two of you, a practicing marital agreements attorney’s services should be sought. A knowledgeable Greenwood Village postnuptial agreements lawyer can help you and your spouse decide whether a postnuptial agreement is right for you.
Under § 14-2-302(2) of the Colorado Revised Statutes, a marital agreement, also known as a postnuptial agreement, is defined as an agreement made between a married couple which outlines the specific marital rights or obligations each spouse will have throughout the duration of the marriage or upon dissolution of the marriage (e.g., through a divorce or the passing of one of the spouses). Typically, in cases of marriage dissolution, a postnuptial agreement will provide for how the couple’s marital property and assets should be divided, as well as the care and custody of any children the couple has.
One of the more challenging elements of a postnuptial agreement is the mutual agreement about the contract’s terms by the spouses. However, to effectuate a legally enforceable postnuptial agreement, it is an unavoidable requirement that will need to be satisfied. Although it sometimes can be difficult, it is not an impossible feat to overcome. A skilled marital agreements attorney can help structure a postnuptial agreement so the terms are agreeable to both spouses.
In Greenwood Village, postnuptial agreements are regulated by the Colorado Uniform Premarital and Marital Agreements Act, codified at C.R.S. § 14-2-301 et seq. Under C.R.S. § 14-2-306, in order for a marital agreement to be valid, the agreement must be made in writing and willfully signed by both of the spouses.
A postnuptial agreement will not be effective until the time of signing by both spouses, as provided under C.R.S. § 14-2-307. Additionally, under C.R.S. § 14-2-308, if a married couple signs a postnuptial agreement, yet the marriage is later determined to be void, the marital agreement will be enforceable to the extent that an inequitable result will otherwise occur. A qualified postnuptial agreements lawyer with marital agreements experience could work to ensure the agreement signed by a couple is legally enforceable under the state’s laws.
While some couples may not consider the arrangement of certain affairs before or at the time they are married, having a postnuptial agreement for the making of such arrangements may still be a viable option. A postnuptial agreement may not only provide for the custody and care of children following the dissolution of the marriage but also for the division of community property and finances.
If you and your spouse are seeking to have a postnuptial agreement prepared, a legal professional may be able to provide you with the help you need. Let the Colorado Lawyer Team help. Call today to schedule a consultation with a Greenwood Village postnuptial agreements lawyer.