A prenuptial agreement does no good if it is found to be unenforceable during a divorce proceeding. Accordingly, is it crucial to protect your agreement by hiring an experienced attorney to represent you. Practicing family law since 1993, the office of Karin Johnson Chatfield in Denver helps Colorado clients safeguard their interests by drafting and enforcing clear, valid marital agreements. When the enforceability of agreement provisions are called into question, I advocate for resolutions that benefit the financial and personal interests of my clients.
A prenuptial agreement or postnuptial agreement can set forth terms relating to marital property division, alimony and responsibilities for debt if a marriage ends in divorce. Any provision that states rules for child support, child custody or visitation will be invalid, as these issues are settled through family courts by considering the needs and best interests of children.
The language of an enforceable prenup is:
To make an enforceable agreement, each party must receive legal guidance from their own attorney. The contract must be in writing, signed by both spouses and notarized. Similar to any other contract, a premarital agreement will not hold up in court if one party signs it under duress or coercion. At my family law firm, I prepare marital agreements with careful attention to ensuring they can hold up in Colorado courts.
A couple’s circumstances can change drastically between the time they sign a premarital agreement and the moment they decide to end their marriage. An enforceable agreement generally stands the test of time and remains valid in a Colorado court. If you wish to stick to the terms of your agreement but your ex puts up a challenge, I will work to uphold the document and defend your rights under it. On the other hand, if you signed your prenuptial agreement under duress or fraudulent circumstances, or have other reason to believe the agreement is illegal, I am well prepared to fight the document’s validity in court.
At the Denver family law firm of Karin Johnson Chatfield LLC, I advise engaged, married and divorcing Coloradans on matters relating to the enforceability of prenuptial and postnuptial agreements. To schedule your free initial consultation, call 720-386-5511 or contact me online.