Parties may make agreements as to financial matters arising out of their marriage either prior to the marriage or at any time after the marriage. Such agreements may conform to or alter Colorado law regarding the ownership of property and debt obligation both during the marriage and after, whether by divorce or death. Reasons for seeking such agreements include: preservation of an existing estate for children from a prior relationship, preservation of pre-marital property, or a willingness to share property only after a certain period of time.
Agreements may address spousal support and attorneys’ fees arising from a dissolution of marriage action, but these will only be upheld if they are fair at the time of divorce. Because effectiveness is dependent upon complete financial and legal disclosure, each party must generally have counsel. There must also be sufficient time for the parties to thoroughly discuss the issues — the hectic 30 days before a wedding is not the best time to be negotiating such agreements. Given the nature of these agreements, it is highly advisable that discussions of a prenuptial are had early on in the engagement as they can give rise to strong feelings by one or the other in the relationship.