Prenuptial Agreements in Colorado Springs
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 continuing.
As members of one of the oldest law firms in Colorado Springs, our family lawyers 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.
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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 by an experienced Colorado Springs divorce lawyer 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.
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