Dealing With Prenuptial Agreements

In some Colorado divorces, a prenuptial agreement will affect the outcome of the case, particularly with regard to property division and other financial matters that can have an impact on both divorcing spouses for many years to come. Having top-notch legal advice is essential if you have a prenuptial agreement.

Just like every divorce, every prenuptial agreement is different. As with other legal contracts, a prenup is only as good as a party's ability to enforce it in court. It can be tremendously helpful to have an experienced attorney negotiate the impact of your prenuptial agreement on your divorce settlement.

Protecting Your Interests

At the Law Office of Alexandra White, PC, based in Centennial and Denver, Colorado, we help our clients protect their interests in divorce matters, including cases that are complicated by the presence of prenuptial agreements. We help clients enforce or defend against prenuptial agreements.

As your attorneys, we will provide you with guidance in your divorce involving a prenuptial agreement, addressing terms such as:

  • What is property division in all its aspects?
  • What is spousal support, which is subject to an unconscionability standard, and often not enforced?
  • Full disclosure: Did both parties fully disclose all of their assets before signing the prenup? (In other words, was there a knowledgeable waiver of a right?)
  • Did both parties have an attorney when the prenuptial agreement was signed?

  • Did a party sign a prenup under duress? (The court will look at the circumstances surrounding the signing of the prenup.)

  • Terms addressing child support and parenting time in a prenuptial agreement are not binding on Colorado Courts.

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Seeking a knowledgeable lawyer to handle a case involving a prenuptial or postnuptial agreement? The answer to the question, "How will our prenuptial agreement affect my divorce?" will depend on your circumstances.

Contact the Law Office of Alexandra White, PC, in Denver or Centennial, Colorado.