Will Your Prenuptial Agreement Hold Up In Divorce?

This is an important consideration, and it can really only be answered by an experienced Colorado divorce lawyer. Even if your prenup was prepared in another state, it will have to pass the standards of the Colorado family law court.

Your prenup may have stipulated alimony or child support payments upfront, but the agreement does not always hold up in court. It depends on how it was drafted and if both parties understood what they were agreeing to. Colorado Revised Statute 14-2-309 defines what is necessary for a prenuptial agreement to be held valid in court. An attorney at our firm can review your agreement and discuss your legal options.

At The Foley Law Firm, our Colorado Springs attorneys can help you determine how your unique prenuptial agreement affects your divorce case or how to correctly draft an effective prenup should you and your spouse ever separate in the future.

Reasons To Draft A Prenup

Asking your spouse to sign a prenuptial agreement need not be because of a lack of trust or because you don't plan for the marriage to last forever. Prudent individuals and couples come to us for advice on drafting a prenup that aligns with both of their interests — the best prenup will do exactly this.

You might want to consider a prenup if:

  • This is your second or third marriage — You know how expensive divorce can be.
  • You want to ensure that assets such as trusts and other investments are preserved for your children (think children from a previous marriage also).
  • You want to ensure assets accumulated before your marriage are protected (e.g., family business, inheritances and retirement accounts).
  • You want to ensure your children will be provided for through child support payments should you divorce or separate.

"An ounce of prevention is worth a pound [in the bank]" to turn a famous Ben Franklin quote.

Schedule A Consultation About A Prenuptial Agreement

Our attorneys would be happy to speak with you at our Colorado Springs office or over the phone. Please email or call us at 719-377-4024 to schedule a consultation.