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Prenuptial and Postnuptial Agreements

Attorneys Skilled at Creating Prenuptial and Postnuptial Agreements in Colorado

Respected Fort Collins lawyers guide clients through marital agreements

In addition to uniting two people in love, marriage is a legal contract with serious implications for the finances of each spouse. The family law attorneys at Shufflebarger Law Office, P.C. in Fort Collins, Colorado draft prenuptial and postnuptial agreements to help individuals and couples make smart choices for their financial future. Whether signed before a marriage (prenuptial) or after your vows (postnuptial), these legally binding documents set terms for each spouse’s property rights if the marriage ever ends in divorce.

Seasoned advocates discuss the basics of marital agreements

Prenuptial agreements, or “prenups,” have become common. In many cases, they help couples maintain civility during breakups, allowing each spouse to move forward with a sense of financial stability.

Marital agreements typically include terms for the following:

  • Assets — A prenup can provide rules for the division of real estate, vehicle ownership, bank accounts and other important assets.
  • Debts — A plan can be set forth to designate responsibility for student loan debt and other forms of debt acquired before and during the marriage.
  • Alimony — Spousal support instructions included in a prenup remain enforceable as long as a judge does not object to their fairness at the time of the divorce.
  • Businesses — A partner who owns a business may wish to keep his or her business finances separate from marital finances, and may seek the right to maintain full ownership of the business if a divorce occurs.
  • Children — The contract may address how a stay-at-home parent will be compensated for their role raising the kids. Inheritance rights for children of a prior marriage can also be laid out in a prenup. However, a prenup or postnup cannot control the payment of child support.

Postnuptial agreements are like prenups except that they are entered after the parties are married. Often, what prompts a postnup is a change of family or financial circumstances. Sometimes, it is used to settle issues concerning property division and spousal support in anticipation of a divorce.

Making sure your agreement is legally binding

For a prenup or postnup to be valid and enforceable in Colorado, it must meet these requirements:

  • It must be in writing.
  • It must be entered voluntarily.
  • There must be fair disclosure of assets and liabilities by both parties.
  • It cannot be unconscionable.
  • It cannot violate law or public policy.

An agreement can be declared invalid if either spouse did not secure guidance from their own attorney before signing. An agreement that includes unclear language can also be deemed unenforceable. If an agreement gives one spouse a far greater advantage than the other, a judge may throw it out.

The legal team at Shufflebarger Law Office has extensive experience advising engaged and married couples. We are meticulous in our creation and review of prenups and postnups.

Thoughtful counselors discuss the pros and cons of a prenuptial agreement

A prenup can be advisable if spouses enter the marriage on unequal financial footing. The agreement can make each spouse responsible for his or her own debt. If either partner has children, the prenup can set aside certain property for those children so that the assets do not go to the other spouse in a divorce. Prenups can also give each spouse a full picture of the other’s finances.

Some people may choose not to sign prenups because it is difficult for these agreements to account for the unexpected. Over the course of a marriage, financial circumstances can change in drastic ways.

Contact an experienced Fort Collins family law firm for help with prenuptial agreements

At Shufflebarger Law Office, P.C. in Fort Collins, Colorado, we provide dedicated and focused support to clients in need of prenuptial and postnuptial agreements. To schedule a consultation with our office, call 970-232-9732 or contact us online. We advise clients in Larimer and Weld Counties.

 Jeremy Shufflebarger Attorney Photo
Jeremy Shufflebarger

About Attorney Jeremy Shufflebarger comes from a vast family of Colorado natives. After moving around the United States, he settled in Fort Collins, Colorado. Jeremy is a former judicial clerk for the Larimer County District Court in Colorado and the Laramie County District Court in Wyoming. He is well versed in a wide range of…

  • "Great lawyer really happy with using his services." - Travis Genwright

  • "Jeremy Shufflebarger and his staff were FABULOUS! Divorce is in most cases heart-breaking, and from my first visit in his office to my last he handled my case with respect and care, mentoring me each step of the way. Jeremy will take the time to walk you through the process, and lay out what the pros and cons may be so you can make good decisions along the way. There are so many wonderful things I can say about Jeremy, but words cannot express the gratitude I have for him and his staff throughout my divorce process." - Mari Jo Mentzer

  • "Jeremy Shufflebarger and his law firm provided unbundled legal services for my divorce in 2016 and essentially acted as a consulting attorney for my case. Jeremy was an excellent listener and provided sound and professional advice. He was very familiar with the family court, the divorce process, and mediation and was able to help me navigate a difficult time. Despite a busy schedule his assistant Andrea always made it possible to set up a call with him and get my concerns addressed in a timely manner. Having Jeremy and his team in my corner made a difficult situation a little less stressful. Thanks for everything." - Ryan Hogan

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