Prenuptial Agreements in Elbert
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.
Our relentless attention to detail and preparation ensures a prenuptial agreement that will survive a contested divorce.
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. Elbert attorneys of Travis Law Group are experienced at guiding clients through this process and drafting a prenuptial agreement that will survive a contested divorce.
Travis Law Group ensures your goals and interests are protected in the prenuptial agreement.
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.
We Know Colorado Prenuptial Agreements
Our prenuptial agreement lawyers draw on years of prenuptial agreement law experience, right here in Elbert. 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:
- Protect their assets
- Protect their inheritance
- Protect their children’s assets
- Protect their children’s inheritance
- Plan for the possibility of a divorce
What sets us apart?
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 - we even provide our cell phone for emergency legal situations. And we keep you updated on the status of your case as it progresses.
Services we offer in Elbert
- Family Law Elbert CO
- Divorce Elbert CO
- Military Divorce Elbert CO
- Child Custody Elbert CO
- Child Support Elbert CO
- Spousal Maintenance Elbert CO
- Post-decree Matters Elbert CO
- Prenuptial Agreement Elbert CO
- Personal Injury Elbert CO
More info about Elbert
Elbert is a census-designated place (CDP) and the location of a U.S. post office in Elbert County, Colorado, United States. Although it is unincorporated, Elbert has a post office with the ZIP code 80106. As of the 2010 census it had a population of 230
Elbert Colorado Map