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Executed a prenuptial agreement? Make sure it’s enforceable

by | Nov 13, 2013 | Property Division

Although it is certainly far from routinely being the case, ample evidence exists to show that increasingly more Americans are executing marital contracts either before or following marriage, the intent being to protect their investments and assets in a divorce proceeding.

Property division is of course a big deal in many divorces, and a carefully considered and well-drafted prenuptial agreement or postnuptial contract can directly address the subject in a detailed and comprehensive way.

Such an agreement must be enforceable, of course, a reminder readily served up in a recent article authored by Alton Abramowitz, the president of the American Academy of Matrimonial Lawyers (AAML).

Abramowitz raises the point partly because prenups and postnups are featuring with ever-increasing regularity in divorces across the country, including in Colorado. According to the AAML, well more than 60 percent of its members responding to a survey say that they have noted an uptick in recent years in marital contracts negotiated and executed by their clients.

Some of those agreements are carefully drafted, with others being, well, not quite so unassailable against claims of unenforceability owing to various deficiencies.

Thus, a critically important point for anyone considering a marital contract: Enlist the assistance of a proven family law attorney with strong experience in drafting such agreements.

If the attorney representing a client during a divorce proceeding is the same professional who worked with that client on his or her marital agreement, that lawyer will of course have complete knowledge regarding the contract’s negotiation and execution.

If the attorney is not the same lawyer who helped a divorce client execute a marital contract, it is of course imperative that the attorney have experience in marshalling important documents and defending the agreement if it is challenged.

A proven Colorado family law attorney with a deep well of experience helping clients draft marital contracts can answer questions and provide rigorous representation in any matter involving contract execution and interpretation.

Source: Huffington Post, “Heading to divorce court with a prenuptial agreement,” Alton Abramowitz, Nov. 4, 2013