A prenuptial agreement is a legally binding contract created by two people before they are married outlining how the couple will organize and distribute their finances, property, and other assets should they divorce. A postnuptial agreement is similar in concept to a prenup, but it is created after the couple is already married. This type of agreement can be used to settle financial disputes or to create a plan for dividing assets in the event of a divorce. Both legal options exist to help protect each person's interests and to prevent lengthy and costly court battles.

If you are considering advancing premarital or post-marital agreements, it is essential to consult with a Fort Collins prenuptial and postnuptial agreement lawyer. At Johnson Law Group, our family law attorneys can help examine your situation and advise you on the best legal option for your divorcing needs. We will draft a comprehensive and enforceable agreement that protects your rights and interests without missing any critical details.

A prenuptial or postnuptial agreement can be used to protect a variety of interests, including:

• Property and assets: A prenuptial or postnuptial agreement can be used to protect each person's separate property and assets. This includes homes, cars, investments, businesses, and other valuable possessions. These are typically high-ticket items that each person wants to keep in the event of a divorce.
• Income and debt: These agreements can also be used to protect each person's income and debt. From student loans to credit card debt, a prenup or postnup can help prevent one person from being responsible for the other person's debts, while preserving each person's income.
• Children from a previous relationship: If you have children of a prior relationship, a prenuptial or postnuptial agreement can be used to protect their interests. This includes custody arrangements, child support, and visitation rights.
• Business interests: If you own a business, a prenup or postnup can help protect your business interests in the event of a divorce. This includes preventing your spouse from claiming business ownership or receiving a portion of the profits.
• Future earnings: A prenuptial or postnuptial agreement can also be used to protect each person's future earnings. This includes inheritances, trust fund distributions, and other income streams that may be acquired during the marriage.

For a prenuptial or postnuptial agreement to be valid, it must meet specific requirements. These requirements include:

• Full disclosure: Both parties must fully disclose their financial situation. This includes income, debts, assets, and other financial information that could affect the agreement.
• Consent: Both parties must consent to the agreement. This means that they must agree to all of the terms and conditions contained in the agreement, and their agreement must be in the form of a signed contract.
• Fair and reasonable terms: The terms of the agreement must be fair and reasonable. This means they cannot be overly restrictive or unfair to either party. For example, a deal that prohibits one party from ever seeing their children would not be considered reasonable.
• No duress: Both parties must agree willingly and without any duress or coercion. For example, an agreement that is signed under threats of violence would not be considered valid.
• Competent parties: Both parties must be competent to enter into the agreement. This means that they must be of sound mind and able to understand the terms and conditions of the agreement.
• Witnesses: The agreement must be witnessed by at least two people.
• Notarization: The agreement must be notarized by a licensed notary public.

These requirements all must be met for a prenuptial or postnuptial agreement to be considered valid. If any of these requirements are not met, the agreement may be considered invalid and unenforceable.

Q: What Cannot Be Included in a Prenuptial Agreement?

A: Personal preferences or demands, such as how often the trash should be taken out or who is going to do the laundry, cannot be included in a prenuptial agreement. You can, however, include provisions for things like division of property, debt, child custody, and support in the event of a divorce.

Q: What Do I Need to Know Before Signing a Prenup?

A: Entering a marriage is a big decision, and you should make sure that you are comfortable with all of the terms and conditions of the prenuptial agreement before signing it. You should also make sure that you understand the full financial disclosure that is required. Lastly, you should consult with a prenuptial and postnuptial agreements attorney to ensure that the agreement is fair and reasonable and that it meets all of the legal requirements.

Q: What Makes a Prenuptial Agreement Invalid?

A: If a prenuptial agreement is found to be unconscionable, lacking witnesses or a notary, signed under duress, or if either party did not fully disclose their financial situation, it can be invalidated. If any of these are found to be true, the court may find the agreement to be invalid and unenforceable.

Q: What Are the Rules of a Prenup?

A: The rules of a prenuptial agreement stipulate that it must be in writing, officially signed by both individuals in the relationship, and witnessed by at least two other people. The agreement must also be notarized by a licensed notary public. Lastly, the terms of the agreement must be fair and reasonable. When drafting a prenuptial agreement, it is important to consult with an attorney to ensure the agreement meets all legal requirements so that there are no surprises later on.

If you are debating on entering into a prenuptial or postnuptial agreement, it is important to consult with an experienced attorney. At Johnson Law Group, our experienced team of attorneys can help you draft a valid and enforceable agreement that meets all your needs. Contact us today to schedule a consultation and begin leveraging the power of marital agreements to protect what is most important to you.