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Enforcing a Colorado Marital Agreement

Respected Colorado Attorney Helps Clients Enforce Marital Agreements

Dedicated Denver family firm advises on prenuptial and postnuptial validity

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.

Detail-oriented lawyer advises on how marital agreements are evaluated

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:

  • Factual — A marital agreement must be based on honest, full financial disclosure from each party. If either spouse fails to inform their partner about certain assets or debts before signing the agreement, the document might be invalidated due to fraud.
  • Specific — The agreement should address individual assets and debts, and be specific about which spouse owns that item or if it will be part of the marital estate. An overly broad agreement can be misinterpreted and may not hold up in court.
  • Fair — Colorado uses the rule of equitable distribution for dividing property in a divorce. Though a prenuptial agreement can allow for the possibility that one spouse leaves the marriage on better financial terms than the other, the wealth disparity between spouses cannot be so vast that it is blatantly unfair.
  • Mutually respectful — A prenup cannot dictate that a marriage is contingent on physical appearance or other aspects of a spouse’s personal life, such as the frequency with which they contact friends or relatives. However, an infidelity clause may be included to provide financial consideration for a spouse whose partner strays from the marriage.
  • Legal — An agreement cannot require either party to do anything illegal, such as lie about taxes or obstruct justice to protect the other spouse.
  • Severable — A severability clause holds that if one part of the agreement is found to be unenforceable, the rest of the agreement will remain enforceable.

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.

Accomplished attorney defends valid contracts and fights unjust agreements

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.

Contact a knowledgeable Denver attorney for assistance with enforcing a marital agreement

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.

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Denver Office
  • Denver Office
    200 Union Boulevard
    Suite 200
    Lakewood, Colorado 80228
    Phone: 303-520-0387