This Prenuptial Premarital Agreement with Financial Statements form package contains a premarital agreement and financial statements for your state. The agreement can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The agreement describes the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce. These contracts are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.
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Colorado Prenuptial Premarital Agreement with Financial Statements
Aurora Colorado Prenuptial Premarital Agreement with Financial Statements
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FAQ
If you have a simple estate and perform due diligence on how to create and legalize a prenuptial agreement in Colorado, you and your spouse may be able to do it on your own.
Prenuptial agreements can't include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.
The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.
The UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements. However, if they aren't completed correctly, the contract can easily become void or invalidated by a judge.
In Colorado, the law allows spouses to sign the prenuptial agreement without legal representation, but the contract must include a waiver, and judges may take the lack of an attorney consultation into account when deciding whether the agreement is valid or unconscionable. In some cases, a couple's marriage isn't valid.
Unconscionability Invalidates a Prenuptial Agreement One party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
Prenups do not have to be notarized, but do need to be in writing and must contain the signature of both spouses. However, a prenuptial agreement can be nullified by the court if it can be established that it was signed under duress, making it best to have a witness even if you are not working with a lawyer.
If you have a simple estate and perform due diligence on how to create and legalize a prenuptial agreement in Colorado, you and your spouse may be able to do it on your own.
Prenuptial agreements can't include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.
The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.
The UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements. However, if they aren't completed correctly, the contract can easily become void or invalidated by a judge.
In Colorado, the law allows spouses to sign the prenuptial agreement without legal representation, but the contract must include a waiver, and judges may take the lack of an attorney consultation into account when deciding whether the agreement is valid or unconscionable. In some cases, a couple's marriage isn't valid.
Unconscionability Invalidates a Prenuptial Agreement One party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
Prenups do not have to be notarized, but do need to be in writing and must contain the signature of both spouses. However, a prenuptial agreement can be nullified by the court if it can be established that it was signed under duress, making it best to have a witness even if you are not working with a lawyer.
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Interesting Questions
A prenuptial agreement is a legally binding contract between two people who are planning to get married or enter into a civil partnership. It lays out the terms and conditions regarding the division of assets, property, and debts in the event of a divorce or separation.
A prenuptial agreement can help protect both parties' interests and provide clarity in case the marriage ends in divorce. It helps establish fair terms for property division, spousal support, and debt allocation, avoiding potential conflicts and costly legal battles.
No, prenuptial agreements can address various aspects of a couple's lives, not just finances. While it typically covers financial matters like property, assets, and debts, it can also include provisions related to child custody, alimony, inheritance rights, and other specific concerns.
Yes, prenuptial agreements are generally enforceable in Aurora, Colorado, as long as certain legal requirements are met. It is essential to ensure the agreement is fair, signed voluntarily, and both parties have provided full financial disclosure.
In Aurora, Colorado, both parties are required to provide comprehensive financial statements detailing their individual assets, properties, income, debts, and expenses. This disclosure is crucial to ensure fairness and transparency in the agreement.
Yes, a prenuptial agreement can be modified or revoked after marriage, but it requires the mutual consent of both parties. Any changes or cancellations should be made through a written amendment or a new agreement that follows the legal requirements for enforceability.
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A sample of the Uniform Act provides as follows:
25-201. Definitions
In this article, unless the context otherwise requires:
1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
25-202. Enforcement of premarital agreements; exception
A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
B. The agreement becomes effective on marriage of the parties.
C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:
1. The person did not execute the agreement voluntarily.
2. The agreement was unconscionable when it was executed and before execution of the agreement that person:
(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
25-203. Scope of agreement
A. Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.
3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.
4. The modification or elimination of spousal support.
5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.
6. The ownership rights in and disposition of the death benefit from a life insurance policy.
7. The choice of law governing the construction of the agreement.
8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
B. The right of a child to support may not be adversely affected by a premarital agreement.
25-204. Amendment or revocation of agreement
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
25-205. Limitation of actions
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
If your state has not adopted the Uniform Act, case law generally controls enforceability of the agreement. The agreement you have found is written to comply with the Uniform Act adopted by your State, or applicable case law if the Uniform Act has not been adopted by your state.
Advantages of premarital agreements for both parties:
Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property
To order the form, close this window and click the order icon.
Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.
A sample of the Uniform Act provides as follows:
25-201. Definitions
In this article, unless the context otherwise requires:
1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.
2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
25-202. Enforcement of premarital agreements; exception
A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
B. The agreement becomes effective on marriage of the parties.
C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:
1. The person did not execute the agreement voluntarily.
2. The agreement was unconscionable when it was executed and before execution of the agreement that person:
(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
25-203. Scope of agreement
A. Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.
3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.
4. The modification or elimination of spousal support.
5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.
6. The ownership rights in and disposition of the death benefit from a life insurance policy.
7. The choice of law governing the construction of the agreement.
8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
B. The right of a child to support may not be adversely affected by a premarital agreement.
25-204. Amendment or revocation of agreement
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
25-205. Limitation of actions
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
If your state has not adopted the Uniform Act, case law generally controls enforceability of the agreement. The agreement you have found is written to comply with the Uniform Act adopted by your State, or applicable case law if the Uniform Act has not been adopted by your state.
Advantages of premarital agreements for both parties:
Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property
To order the form, close this window and click the order icon.
Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.