Why a Marital Agreement Can Be a Smart Decision for Couples

October 24, 2023

Marital Agreements Marriage is a beautiful union, but it also comes with its fair share of challenges. One of the biggest challenges that couples face is the possibility of a divorce. While no one wants to think about the end of their marriage, it is important to be prepared for any situation. This is where a marital agreement comes in. In this article, we will discuss why a marital agreement can be a smart decision for couples.

What is a Marital Agreement?

A marital agreement, also commmonly known as a prenuptial agreement, is a legal document that specifies how a couple's assets and debts will be split in case of a divorce. It can also include agreements for spousal support and other important matters. This agreement is signed before the marriage takes place and is legally binding.

Protecting Your Assets

One main reason why couples opt for a marital agreement is to protect their assets. In the case of a divorce, a marital agreement can ensure that each spouse keeps their own assets and debts, rather than having them divided equally. This can be especially important for individuals who have significant assets or own a business.

Avoiding Lengthy Legal Battles

Divorces can be messy and expensive, especially when it comes to dividing assets. With a marital agreement in place, couples can avoid lengthy legal battles and come to a quick and amicable resolution. This can save both individuals time, money, and emotional stress.

Protecting Your Children

If you have children from a previous relationship, a marital agreement can ensure that your assets are protected for their future. It can also outline how any assets will be divided in your passing, ensuring that your children are taken care of.

Marital Dissolution Agreement

A marital dissolution agreement is similar to a marital agreement, but it is signed after the marriage has taken place. This can be a good option for couples who did not have a prenuptial agreement but still want to protect their assets in the event of a divorce. It can also be used to modify a prenuptial agreement if circumstances have changed.

Marital Property Agreement in Colorado

A marital agreement in Colorado is a legal contract between two spouses that outlines their rights and obligations with respect to their property and debts in the event of divorce, legal separation, or death. It can be signed before marriage (prenuptial agreement) or after marriage (postnuptial agreement).

Prenuptial and postnuptial agreements can be used to address a variety of issues, including:

  • Division of marital and separate property
  • Spousal support
  • Child custody and support
  • Inheritance rights
  • Business interests

Marital agreements are generally enforceable in Colorado if they meet certain requirements, including:

  • The agreement must be in writing and signed by both spouses.
  • Both spouses must have voluntarily entered into the agreement and must have had full disclosure of each other's financial information.
  • The agreement must be fair and reasonable.

Marital agreements can be a valuable tool for couples who want to protect their assets and interests in the event of a divorce or other life event. However, it is important to have an attorney review any marital agreement before signing it to ensure that it is enforceable and meets your specific needs.

Contact Your North Star: Johnson Law Group

While discussing a prenuptial agreement may not be the most romantic topic, it is an important conversation for couples to have. A marital agreement can protect your assets, save you time and money in the event of a divorce, and ensure that your children are taken care of. If you are considering a marital agreement, it is important to consult with an experienced family law lawyer to ensure that it is legally binding and meets your needs. Johnson Law Group and JohnsonO'Keefe have helped countless individuals through the prenuptial and postnuptial process and can help you too. Contact us today for an initial complimentary family law consultation. Our team will be there with you every step of the way to take care of your specific legal needs so that you can focus on moving your family forward.

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
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