Colorado Springs Family Law Attorneys
No one can predict the future but we can certainly prepare for it. In terms
of marriages and their potential for eventual
divorce, taking the initiative and preparing for a less-than-ideal scenario often
means drafting a prenuptial agreement a few weeks or so before official
elopement. Due to the sensitivity of the subject and its inarguable importance,
it is highly advised that you seek the assistance of a professional before
As members of one of the oldest law firms in Colorado Springs, our family
lawyers at Clawson & Clawson, LLP have earned a reputation for being
able to find amicable solutions to any family law dispute. We keep your
comfort and best interests in focus from start to finish, never rushing
you into a decision but also helping the procedure move along so you do
not feel stagnant or lose too much time.
Take a look at some of our qualifications and accolades:
Take the guesswork out of your case.
Contact us today.
Protecting Your Futures, Not Fighting It
Many people are shocked to hear that their fiancé or fiancée
wants to create a prenuptial agreement before they get married. The misconception
that is prevalent is that they do not have faith in the strength of their
own marriage and expect it to eventually fail and end in divorce. Rather
than signifying that someone does not care for their groom- or bride-to-be,
a prenuptial agreement does exactly the opposite. By planning ahead to
protect yourselves from the possibility of a heated, difficult divorce
that ends unfairly, using a prenuptial agreement can show just how much
you truly care for someone – you cannot stand the thought of them
going through hardship, even if you divorce.
What a Prenuptial Agreement Covers
A properly drafted prenuptial agreement should act as both a safety net
and a crystal globe, stopping you from getting hurt while also letting
you glimpse into the future. You will want to consider all options of
your married life and how those could change if a divorce happens. For
most couples who choose to use this family law tool, they draft it in
a way that restores how their lives were before the marriage ever existed,
specifically when it comes to property rights.
A prenuptial agreement can protect or control:
- Certain pieces of property, such as homes, cars, etc.
- Payments for pieces of property.
- Where each spouse can live after divorce.
- Where legal proceedings are held during divorce.
- How children are raised (can be general or specific).
You may also put unique provisions into your prenuptial agreement that
say just about anything that will not be automatically rejected by the
court. For example, you may say that if one spouse admits to having extramarital
affairs that lead to the end of the marriage, they must pay a certain
amount to the other, separate from any other court-appointed payments.
What a Prenuptial Cannot Cover
A prenuptial agreement cannot be the be-all and end-all document you may
wish it to be. There are strict limitations as to what it
cannot do. Particularly, it will not be able to control
child custody and
child support rights, as the court must always decide upon the
child’s best interests at the time of the divorce, not the time of the marriage. While you can agree to
alimony provisions in your prenuptial, you should be aware that Colorado divorce court retains
the right to remove those provisions from the prenuptial at any time,
should they find that it would leave on spouse at a considerable disadvantage.
Lastly, it cannot cause either of the spouses to break the law in any way.
Call 719.602.5888 When You Are Ready to Begin
Getting yourself into a more comfortable, stress-free marriage can begin
by creating a prenuptial agreement. Knowing that everything is laid out
safely, should the unthinkable occur, is a great way to step towards the
future with confidence, but it all needs to start with you.
Contact our Colorado Springs family law attorneys as soon as you have any questions.
We would be happy to address them during a
FREE case evaluation.