In Colorado, Agreements Must be Transparent, Free of Duress
Prenuptial agreements are often used in second marriages to protect the property rights of children from a first marriage. These agreements are honored by Colorado courts as long as the agreements are properly drafted, there is full disclosure of assets, and the agreement was not signed under duress.
At the Waters Law Firm in Denver, we offer a free initial attorney consultation to explain how both prenuptial and post-nuptial (or post-marriage) agreements work and to answer your questions.
Do I Need a Premarital Agreement?
Premarital agreements are often used in second marriages and in first marriages where one of the parties has significant assets such as a family business that he or she wants to protect.
If you have children from a prior marriage and you get married again, you probably want to your children to inherit your property after you die. However, under a standard Colorado will, all your property would go to your spouse if you die, not to your children. If your spouse has children of his or her own, your children could be disinherited by in favor of your spouse's children. A prenuptial agreement and an updated estate plan can protect the property rights of your children if you get married again.
Premarital agreements must be incredibly transparent to be enforceable in Colorado. In other words, all assets you wish to protect must be fully disclosed.
What Does 'Free of Duress' Mean?
Both parties in a premarital agreement must know what they are doing and there must be no emotional arm twisting to sign the agreement. One of the most obvious examples of duress is to spring a premarital agreement on a future spouse the night before the marriage.
Your spouse should have an opportunity to hire a lawyer to review the agreement prior to signing it.
Free Lawyer Consultation
During difficult times, it is helpful to talk to a lawyer you can trust. For a free initial consultation about prenuptial agreements with attorney John Waters, call 303.731.6327 or fill out the contact form on this Web site.
