A pre-marital agreement is a legal document outlining financial arrangements for a couple before marriage. Also called a prenuptial agreement or a prenup, it addresses issues like property division, spousal support, and child custody in the event of divorce or death.
Pre-marital agreements can be useful for couples with significant assets interested in protecting their financial interests.
A post-nuptial agreement is beneficial for couples who couldn’t create a pre-marital agreement before marriage or need to update their financial arrangements. Similar to a pre-marital agreement, a post-nuptial agreement outlines property division, spousal support, and child custody in cases of death or divorce.
Post-nuptial agreements are enforced in Colorado through court proceedings. If a dispute arises regarding the agreement’s validity or enforcement, either party can file a lawsuit to have the court interpret and enforce its terms. To be enforceable, the agreement must be in writing, entered into voluntarily by both parties, based on fair disclosures, reasonable, and not in violation of any public policies or laws. The court uses this criteria to assess the agreement’s validity and enforceability.