As a Vail Divorce Lawyer, I recommend that if you are getting married this summer, it’s a good idea to review your financial situation and details before you catch spring fever and pass over this important element of building a life together.
Having worked with many couples as a Vail divorce lawyer , the goal of sharing this information is to inform engaged couples about aspects of pre nup to better prepare for the future.
Writing a solid pre nup is important and here are 3 reasons a pre nup is contested.
1. A pre-nuptial agreement may be contested when one party disputes full-disclosure of the other’s financial information. In other words if one party is trying to hide some assets from the other party.
2. Issues of maintenance and attorneys’ fees can be contested in Colorado. If you agree to both waive maintenance from the other, there may be such a discrepancy in your financial situations upon the divorce – especially if you have protected all of the assets – that the Court may find it unconscionable not to provide some award of maintenance to the other party.
This is also true for an award of attorney fees. Colorado has a public policy that the two divorcing should be on equal ground with representation through a divorce.
So, even if you agreed to no maintenance or payment of attorneys’ fees, these issues can be disputed regardless of your agreements.
3. The other issue that is often contested is that one party – usually the stressed out bride – was coerced or pressured into signing the agreement. Never sign any agreement until it has been reviewed by an attorney. Take the time and pay the money it’s worth the investment.
Whether you think you need a pre-nuptial agreement or not, you should confer with an attorney and go through your financial disclosures to make sure. You also do not want to wait until the week – or even the month – before the wedding to ask your bride or groom to sign a pre-nup.
Remember each situation is different so please call me to discuss what is happening with you.
Vail Office: 970-949-0776