Attacking & Enforcing Prenuptial And Postnuptial Agreements

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Attacking & Enforcing Prenuptial And Postnuptial Agreements

December 5, 2015
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Attacking And Enforcing Prenuptial And Postnuptial Agreements

Prenuptial and postnuptial agreements (also known as premarital and marital agreements) establish financial obligations and responsibilities both during a marriage and after a marriage is dissolved. Most agreements address the issue of allocating marital and separate property upon divorce. Many attempt to limit the right to seek an award of spousal maintenance upon divorce.In Colorado, the legislature recently updated and revised “The Uniform Premarital and Marital Agreement Act.” These recent changes will likely expand the scope of what type of writing actually constitutes a “signed” marital agreement. For example, documents such as signed emails may fit within the new definition.

Duress And Unconscionability

Polidori Franklin Monahan & Beattie L.L.C. represents clients who seek to challenge these agreements and who wish to defend them as drafted. Factors that are considered when evaluating the enforceability of a marital agreement include:

  • Duress, when one side is forced to enter into the agreement
  • Unconscionability, whether the contract is oppressive or unreasonable or unfair
  • Lack of representation, when one side is not allowed to seek outside counsel
  • Lack of financial disclosure during the negotiation of the agreement

Premarital Agreements

Attacking and enforcing prenuptial and postnuptial agreements can become a complex and contentious process in which much is at stake. When these agreements come into dispute, our family law attorneys can competently counsel and represent you.

Our family lawyers are respected throughout Colorado for their effectiveness. Call Polidori Franklin Monahan & Beattie L.L.C. at 303-936-3300 or contact us online.

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