Married couples often turn to postnuptial agreements to help secure certain parts of their future if their marriage ends in divorce. This is a wise decision that can reduce the amount of time and expense required in any divorce. Ensure your agreement is enforceable.
Postnuptial agreements used to be frowned upon. Today, they are a helpful tool that many couples use to potentially avoid expending money, time, and heartache later on. Also known as postnups, these agreements aren’t ideal for every couple. However, Colorado law allows couples to enter into these legally-binding contracts even after their marriage becomes legal.
If you’re going to take the time to draw up and sign a postnup, you’ll want to ensure that yours is legally enforceable should you ever need to rely on it. When you hire seasoned Aurora postnuptial agreement lawyers, they will help you execute a contract that a judge will honor if your marriage comes to an end.
Postnups Under Colorado Law
Each party to a postnup should have their own Aurora postnuptial agreement attorneys. Not only does this protect their interests, but it can add to the enforceability of the contract. Under Colorado’s Uniform Premarital and Marital Agreements Act, proof of any of the following will make a postnuptial agreement unenforceable:
- The agreement was signed under duress or coercion
- One spouse was kept from getting the advice of independent legal counsel before signing
- One spouse fraudulently hid relevant financial information from the other spouse
- The agreement is unconscionable, which decided on a case-by-case basis
When you have the representation of experienced Aurora postnuptial agreement lawyers, rest assured your postnup will be enforceable should you ever need to rely on it.
Unenforceable Provisions in a Postnup
Keep in mind that there are specific provisions that aren’t enforceable in a postnuptial agreement. You’ll want to leave all of the following out of your contract:
- Waiving the right for children to receive support
- Attempts to keep one parent from their right to visit, seek custody of, or maintain a relationship with children of the marriage
- Either party performing immoral, illegal, or unconscionable acts
- Keeping a domestic abuse victim from pursuing legal remedies to end the abuse or violence
- Anything that violates public policy
- Attempting to penalize a party who files for divorce or separation
Your Aurora postnuptial agreement attorneys can help guide you in what you should include in your postnuptial agreement and what you should leave out.
Questions About Creating a Solid Postnup? Reach Out to Knowledgeable Aurora Postnuptial Agreement Lawyers Today
Postnuptial agreements are powerful tools in times of heartache and confusion. If you’re going to take the time to write one, be sure to take the time to have an attorney review it with you. You’ll want to ensure it is 100 percent enforceable.
At CNL Law Firm, PLLC, you can receive a postnuptial consultation with our knowledgeable Aurora postnuptial lawyers. Call (720) 370-2171 or complete our online form to schedule yours today.
