Wick & Trautwein, LLC
Call Today
Local: 970-237-5694
Toll Free: 866-686-1410

A strong prenuptial agreement can ease property division

When exchanging vows, most Colorado couples probably aren't thinking about divorce. However, things come up and unforeseeable circumstances can lead to the decision to split up. As such, some people rely on the security and peace of mind provided by a prenuptial agreement, largely considered to be a nearly iron-clad legal agreement designating how assets will be divided in the event of divorce.

A recent family law ruling, however, has led many observers to closely examine what it takes to ensure that a prenuptial agreement is enforceable at the time a couple wishes to divorce. In this particular case, a woman successfully challenged the validity of the prenuptial agreement she signed with her husband in 1998. As a result, the couple will now have to address asset and property division, which may ultimately be determined by the court.

Many couples not only view a prenuptial as a matter of insurance, but it can also be a way to ensure that a divorce proceeds quickly and amicably. By enforcing this document, many financial aspects of divorce are settled based on the pre-determined arrangement.

Knowing that prenups can be successfully challenged, it may be beneficial to understand the grounds for invalidating the agreement. First of all, both parties signing the prenuptial must be honest. Failure to fully disclose personal assets can create a number of problems and force couples to go back to the bargaining table.

Another way to challenge a prenuptial agreement is if a person wasn't capable of making such an agreement at the time it was signed. If a spouse is under mental distress or coerced into signing the agreement, it could be successfully contested.

Above all, it's important to have someone with legal knowledge when drafting, signing and filing a prenuptial agreement. Property division is a complex process, and failing to ensure that all the proper steps are taken to enforce a prenuptial agreement can create a tremendous headache.

Source: Forbes, "Five Reasons Your Prenup Might Be Invalid," Jeff Landers, April 2, 2013

No Comments

Leave a comment
Comment Information
  • Lead Counsel Rated | LC
  • BBB | Accredited Business
  • 10 Best 2017 Attorney | Client Satisfaction | American Institute Of Family Law Attorneys
  • Preeminent AV | LexisNexis Martindale-Hubbell | PeerReviewRated
  • Best's Client Recommended Insurance Attorneys Listed Over 25 Year
  • Expertise Best car accident Attorneys in fort collins 2018

Fort Collins Office
323 South College Avenue #3
Fort Collins, CO 80524

Toll Free: 866-686-1410
Phone: 970-237-5694
Fax: 970-482-8929
Fort Collins Law Office Map

Windsor Office
421 Main Street
Windsor, CO 80535

Toll Free: 866-686-1410
Windsor Law Office Map

Review Us
Providing You With The Information You Need To
Make The Right Choices For Your Future

We Take Your Emails Seriously

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy