What is a Marital Agreement?
The purpose of a marital agreement, whether before marriage (pre-nuptial) or after (post-nuptial), is to alter the effect of the statutory law and case law on the parties' property whether acquired prior to the marriage or during.

Most marital agreements also address the issue of the parties' estates and have terms altering the effect of the statutory law and case law concerning estates of married people as well. They must be in writing and signed by both parties.

A marital agreement relies upon the parties making a full and fair disclosure of their assets to each other and each party voluntarily and willingly agreeing to its terms. Marital agreements often come into play if and when the parties divorce or at the death of one of them. The Colorado Courts have held that if the agreement is fair and based upon reasonable mutual disclosure it is enforceable.

What are the Benefits?

The primary benefit of a marital agreement is that it allows the parties to determine according to their own needs and circumstances how they wish to divide their property and debts in the event of a dissolution or at the time of death of one of them.

Many people would rather they make these decisions based on their own individual circumstances than leave their financial futures up to Colorado Law.

A well drafted marital agreement can provide for children from an earlier relationship (estate planning), ensure that assets you have worked hard to obtain remain yours and otherwise protect individuals from the effects of statutory provisions on marital estates and dissolution.

A marital agreement can be a useful estate planning tool as well as a way to minimize the conflict, uncertainty and stress in the event of a divorce or death.

For people who like to make their own decisions and control their own lives, a marital agreement can be a useful tool.

What Can and Cannot be Included?