719.475.9994
Mary Kay Kramer, P.C. Attorney at Law
Serving In Colorado Springs And Throughout The Region
Menu / Navigate
Secondary Nav

Premarital agreement waiver of rights can be key in divorce

For many Colorado couples, a premarital or postnuptial agreement is part of the marital process. They have the agreement as a condition of the marriage, and do so understanding the potential ramifications, if the union does not work out. When there is this type of agreement, there are certain criteria that must be adhered to for the document to be legal and enforceable. While these have been discussed previously, one that is important and should be considered on its own is the waiver of rights.

With the waiver of rights, there must be certain language. It is required to be prominently displayed and easy to understand. This is vital for the party who might have significantly more assets than the other party, as well as the party who stands to limit his or her rights as to what can be received as part of a divorce agreement. There is a basic statement that the signing party is required to know and accept. If there is a dispute after the fact, this can be a critical part of the case's resolution.

The agreement will essentially say that the person signing the agreement accepts that he or she might be surrendering the right to receive alimony from the person he or she is marrying or is married to. It also may say that the person agrees to surrender any right to control of money and property, or agrees to pay debts and bills of the person he or she is marrying or has married. It may give up the right to money and property, if the marriage is dissolved or the spouse dies, and surrenders the right to receive payment for legal fees.

Given this list, many people could feel as if they were treated unfairly in a premarital or marital agreement, if it is upheld based on the person signing it. It is always wise to understand the potential consequences of signing these agreements and that is the goal of the waiver of rights.

No Comments

Leave a comment
Comment Information

Free consultations

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact

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

Phone: 719-362-5113
Phone: 719-475-9994
Fax: 719-447-9732
Map & Directions

Review Us