The terms of a pre-marital or marital contract are similar to any other contract, with the following exceptions: pre-marital contracts are not reserved for celebrities. Prenupes, or pre-marital arrangements, as Colorado law calls them, are often referred to by Colorado couples as a way to negotiate before marriage, rights over money, income, wealth and property, as well as liability for debt in the event of separation, divorce, death or any other selected event. Colorado law will not allow the application of marital or post-ascending agreements if there is evidence that a party was coerced or forced to sign the agreement or that it did not sought the advice of an independent lawyer prior to the signing of the agreement. Nor will Colorado`s law impose an “unserurance” agreement. A marriage agreement allows you to protect your child`s rights to a portion of your estate and his inheritance in the event of divorce or death. There is now another reason to question a marriage agreement reached after July 1, 2014, which deals with legal representation. If a party has not had the assistance of an independent lawyer, the agreement must contain a clear explanation of the rights and obligations amended by the agreement and the party must have had access to an independent lawyer. C.R.S. 14-2-309 (1) (b). Access to legal aid means that prior to the signing of the agreement, the party had the financial means to provide a lawyer and also had reasonable time to decide whether a lawyer should hire and seek counsel`s advice and review. C.R.S.
14-2-301 (2). If you take your Prenup to court, it is up to the judge to determine the legality of any clause. If the judge finds that a party, or indeed the whole of the agreement, is unreasonable, then he may decide to decide against him in its entirety. The first basis for challenging a marital agreement is when a person has signed the marriage agreement involuntarily or under duress. If a party asserts its involuntary nature, a court will consider all of the circumstances, including (1) the possibility of reviewing and considering the agreement, see In re Marriage of Ross, 670 pp. 2d 26, 28 (Colo). App. 1983); (2) the practicality of the parties in legal and financial matters, see In re Marriage of Ingels, 596 p.2d 1211, 1214 (Colo. and (3) knowledge of the nature, scope and value of the rights conferred by the agreement, see Linker/. Linker, 470 p.2d 921, 134 (Colo. Around 1970). Under Colorado law, a prenup must be signed by both parties.
The law contains strict requirements regarding the fairness of the agreement and the manner in which it was adopted for full financial disclosure and for matters cannot be linked in the marital agreement. Example: Prenuptial. For couples who have not yet married, a marriage agreement is used to address the above financial issues during their marriage and after their eventual dissolution.Leave a reply