For many individuals in Colorado and elsewhere, maintaining a healthy financial future is an essential part of life. Prior to entering a marriage, a couple may wish to protect their financial rights by reaching a prenuptial agreement. However, such an agreement can be complex, and if it isn't signed and executed properly, it could be deemed invalid in court. Those who wish to avoid any uncertainties during a high\-asset divorce could find it beneficial to speak with a family law attorney for assistance in navigating the process.
To be enforceable during divorce proceedings, a prenuptial agreement must be set forth in writing and signed voluntarily by both parties. The agreement may also be deemed invalid if either party felt pressured into signing it. Each party must be given ample time to read over the agreement and gain an understanding of the terms, or the court may choose not to enforce it during legal proceedings.
The court may also choose not to enforce a prenuptial agreement if one party signed it without having access to legal representation. A couple must also ensure that all the information within a prenuptial agreement is correct, as the presence of false information may cause it to be unenforceable. In some cases, the court may also decide not to uphold a prenuptial agreement should it deem the arrangement unfair or against public policy.
Going through a high-asset divorce can be challenging enough as is, and any unexpected occurrences may only add unnecessary stress to the situation. For guidance on how to properly sign and execute a prenuptial agreement, a person in Colorado could consider retaining the services of an experienced attorney. An attorney can provide a client with advice in covering every aspect of the process. Should a person find him or herself facing divorce, an attorney can provide him or her with assistance in pursuing the most favorable outcome possible.
Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid", Accessed on May 6, 2018