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Postnuptial Archives

Basics of Prenuptial and Postnuptial Agreements

Marital agreements which include prenuptial (before the marriage) agreements and antenuptial or postnuptial (after the marriage) agreements are a common sight in pop culture, but with their common sight comes many misconceptions.  Marital agreements require an understanding of the law and careful eye to become enforceable in court. Although the agreement itself is a contract, you are not able to make any arrangements that are outside of the law. This can often times challenge the writer to ensure each provision will be upheld.

Can I get a Postnuptial Agreement?

Divorce is rarely pondered before marriage, and when it is, a prenup is commonly used to protect personal assets. Prenups are entered into before the marriage and used to protect bank accounts and other assets in case of divorce, especially when one spouse has significantly more assets than the other. They are now very common, but some couples just cannot fathom entering in such an agreement when they are about to be married. These same people commonly regret not having a prenup down the road when divorce is being contemplated. However, if you are regretting not completing and signing a prenup, you can still enter in a postnuptial agreement. Colorado accepts the validity of postnuptial agreements under Colorado Marital Agreement Act, and supported by In re Estate of Lewin, 595 P.2d 1055, 1057 (Colo.1979), which states "Nuptial agreements, whether executed before or after the marriage, are enforceable in Colorado and a nuptial agreement will be upheld unless the person attacking it proves fraud, concealment, or failure to disclose material information."

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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