Colorado law allows parties, before they get married, to agree how their premarital and post marital assets will be divided, if their marriage ends in a divorce or legal separation. This allows parties to protect their premarital assets, particularly assets that may appreciate during the marriage, such as retirement accounts and real estate. Because Colorado law can convert the appreciation (increased value) of a premarital property to a marital asset, parties often enter prenuptial agreements to allocate the property and the appreciation to the party that originally owned the asset.
However, there are limits to a prenuptial agreement. For example, parties cannot waive child support in a prenuptial agreement. Also, agreements regarding spousal maintenance (alimony) are reviewed by the court under the “unconscionable” standard. When drafting an agreement that includes spousal maintenance, it is very important the parties and attorneys understand Colorado prenuptial agreement law and have experience drafting prenuptial agreements.
Drafting a prenuptial agreement is not simply stating each party will retain all the assets they brought into the marriage. The law requires both parties to exchange financial disclosures identifying the assets. Additionally, the law protects one party from being unfairly forced into a prenuptial agreement. For example, the court will consider who drafted the agreement, was the other party represented by counsel, did the other party have enough time to review the assets and the agreement, before the parties were married. If the prenuptial agreement does not comply with Colorado law, the court has the discretion to set aside (not enforce) the agreement if it finds the parties did not comply with the law. Colorado Springs attorneys of Travis Law Group are experienced at guiding clients through this process and drafting a prenuptial agreement that will survive a contested divorce.
Drafting a prenuptial agreement is a comprehensive process; however, it does not have to be adversarial. After all a prenuptial agreement is only drafted when parties plan to get married. The last thing we want to do is derail the marriage. We have drafted agreements for professionals and non-professionals. Regardless of our clients’ employment, we approach the drafting process the same way.
The process starts with a meeting with you and discussing why you are considering a prenuptial agreement. Many clients want a prenuptial agreement because their prior marriage ended poorly, and they would like to protect their property for their children. For some clients, this is their first marriage, but they have accumulated substantial assets and would like to avoid fighting over property. Whatever your reason for the prenuptial agreement, once we have discussed your goal and intent, we help you achieve those goals in a respectful manner that does not sabotage the reason you want a prenuptial agreement in the first place.
Our prenuptial agreement lawyers draw on years of prenuptial agreement law experience, right here in Colorado Springs. As past chairman of the Colorado Springs Family Law Bar and a speaker at family law conferences, Rich Travis stays on top of the latest cases and rulings in colorado family law. And we have assembled a talented and passionate team of lawyers, paralegals, and staff, enabling us to diligently and expeditiously handle your case. We will respect your wishes and work to advance your interests while maintaining the highest standard of ethical, legal, and professional integrity.
Our prenuptial agreement attorneys practice all aspects of spousal support law including:
At Travis Law Group, we pride ourselves on providing the highest level of advocacy and support for our clients. We build relationships on trust and integrity and we value open and honest communications. We strive to respond to your phone calls and emails within one business day. And we keep you updated on the status of your case as it progresses.
Mr Travis, Dauna & his team were exceptional! From the very beginning of my case they made me feel at ease, listened thoroughly and explained in detail to what possible avenues I had as options. I can honestly say I believe that the outcome of my legal peace of mind was directly related to that fact that I hired the right lawyer. In the court room, it was amazing to see how truly prepared he was. He knew my case inside and out.
I chose Rich Travis' Law Firm to represent me in a parenting-time case. Rich and his colleague Mitch were incredibly thorough, precise, and gave my case the specific attention that it required. Additionally, their paralegal Marissa Sterrett is incredibly sharp, organized, efficient, and has a keen eye for detail. Rich's staff gained my trust early in the process and took the very best care of my case to ensure a victory in the courtroom. My only mistake was not hiring Rich Travis' office at the very beginning of my divorce process, I would have had much better results early on in my case.
Richard Travis, his firm and the rest of his team are all consummate professionals, from the attorneys and paralegals to their receptionist. I hired Richard Travis at the nascent stages of my highly contested custody battle. My case lasted a grueling 8 years. But during my family’s dire need of a go-to legal team, and when I (we) needed this requirement the most, I was very assured and at ease to have Rich and the rest of his A-team at my side. I was able to sleep soundly at night knowing that Rich was there at my side in the courtroom.
Rich has taken care of two problems for us. An attempt to change visitation rights by our great-grandson's grandparent and now assisting with a granddaughter's divorce situation. In both cases, he kept us in the loop.
Mr. Travis is excellent with law facts, communication, completing legal matters in an expedient manner. He listens, is very intelligent, and is in tune with your needs. I have recommended him to many persons and will continue to do business with him in the future.