A prenuptial agreement may be entered into either before or after a marriage (however it must be entered into before the filing of a divorce.) A prenuptial agreement is essentially a written contract which addresses various arrangements in the event the marriage is terminated or one spouse dies. The marital agreement is enforceable unless the challenging party can prove that they did not sign the agreement, that they did not receive sufficient disclosure of financial information, property, debts or obligations or that it was entered into under duress.
What is a prenup? Some typical matters prenuptial or postnuptial agreements address are such issues as: which property will remain separate and which will remain marital; responsibility for premarital debts and obligations; increase of value of premarital property; maintenance or spousal support; the rights of the parties upon the death of either spouse; tax issues; attorneys fees; life insurance, retirements, pensions, and other matters the parties wish to address.
Marital agreements must be in writing and signed by both parties. The agreement is effective upon the marriage or upon the date of execution if the parties are already married. It is generally advisable that both parties have counsel prior to entering into a marital agreement.
Contact Gary Gottesfeld today to discuss your prenuptial – marital agreement needs. A free consultation is offered to all new clients. Mr. Gottesfeld can be reached at 303-892-7000 or via email below to schedule an appointment.