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Will my prenuptial agreement be honored when I divorce my spouse?

A prenuptial agreement is a contract that two people make in anticipation of marrying each other. It can dictate certain terms and conditions that they will agree to in the event that they eventually choose to divorce. While many Colorado prenuptial agreements are legally sound and respected when the parties to them choose to end their marriages, there are instances and factors that can make some prenups invalid.

For example, prenuptial agreements usually must be written down in order to be valid. Courts tend not to take the word of one divorcee over the other when it comes to enforcing a verbal agreement related to their marriage. Similarly, a written prenup may not be enforceable if it is lacking certain required elements such as the signatures of the two parties.

As in the formation of other types of contracts, prenuptial agreements cannot be considered valid if one of the parties signed due to coercion or duress. If one party was rushed through the process of evaluating the prenup before signing or was not afforded a chance to read the agreement before its execution then a court may hold that the document is not valid

Finally, prenups can fail when they contain erroneous information, when they contain invalid legal provisions and when one of the parties was not given a chance to retain their own counsel to review the contract. There are a number of other ways that prenuptial agreements may be considered invalid and those who wish to have case-specific reviews of their contracts undertaken should consult with their family law attorneys.

Postnuptial agreements, which are contracts like prenups but that are created after marriage, can also be questioned on these and other potential faults. Individuals often benefit from having divorce and family law attorneys involved when they begin the process of drafting both prenuptial and postnuptial agreements.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
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