Denver Prenuptial & Postnuptial Agreements Attorneys
At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.
Talking about prenuptial agreements can feel like a bit of a killjoy when you’re in the middle of planning one of the happiest days of your life. However, it’s important to protect yourself, your assets, and your future. You truly never know what the future holds, and the former couples sitting in divorce court right now never thought they’d end up in that position. Drafting a prenuptial or postnuptial agreement isn’t planning for your marriage to fail—it’s ensuring that you know what to expect in the unlikely event that it does.
Whether you want to draft a marital agreement or need an attorney to review the one created by your partner’s attorney, you’ll need a family law attorney with extensive experience in all types of marital agreements. At Elkus & Sisson, our team has over three decades of experience in these matters and can help advise you and your spouse on the best path forward.
Greenwood Village Marital Agreements Lawyers Serving Denver
Elkus & Sisson, P.C. is a marital agreements law firm in Greenwood Village located just a short drive from downtown Denver. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule an appointment to discuss your family law needs.
An Overview of Prenuptial and Postnuptial Agreements
The term “marital agreements” covers both prenuptial and postnuptial agreements. A prenuptial agreement is one drafted and signed before a couple gets married. If drafted and executed properly, it is a legally binding contract that considers both parties’ financial standing and assets to specify how property, debts, and other financial issues will be handled if one partner passes away or the couple divorces.
Postnuptial agreements cover the same concerns as prenups, but they are executed after a couple has already married. The agreement may specify who will take which assets from the marriage, whether or not spousal support will be paid in the event of a divorce, and how debts will be managed.
There are numerous situations in which a prenup or postnup may be a good choice for you and your partner. If there is a significant earning disparity between the spouses, a marital agreement may give the higher-earning partner some reassurance that they are not being married simply for their money. In this situation, it’s important for the lower-earning spouse not to forget that this is also their time to protect their future. They don’t have to walk away from a marriage with nothing if it ends; they can strive to include spousal support or certain important assets in the prenuptial agreement. This is particularly important if they plan on giving up their career or educational opportunities to support their higher-earning partner.
Marital agreements may also be helpful for partnerships involving two wealthy individuals. When both people bring substantial assets to the marriage, handling them during a divorce can be a logistical nightmare. A prenup allows both parties to protect their assets and fairly divide marital assets.
Why Would Someone Agree to a Postnuptial Agreement?
When we talk about marital agreements, most people think of prenups. Postnuptial agreements are far less common. If one party wants a prenuptial agreement, the other party may have to negotiate it if they want to marry their partner. When a couple is already married, that leverage is gone—so what would make a non-working or lower-earning spouse agree to a postnup? Reasons include:
- Family circumstances have changed: When a couple welcomes children, they may revisit their prenup to ensure that both parties are treated fairly. For example, perhaps one partner leaves their job to stay home with the children. The couple may execute a postnup to compensate the stay-at-home parent for the sacrifices made for the benefit of the family.
- One party requests one as a condition of recovering from betrayal: Postnups are often drafted after a marriage goes through a rough period. Perhaps one party cheated, hid an addiction, gambled away the couple’s savings, or otherwise betrayed their spouse’s trust. The betrayed partner may demand a postnup as a condition of giving their spouse another chance, as a way to protect themselves if their spouse slips up again.
- The initial terms of a prenup are unfair: Perhaps the prenuptial agreement was incredibly one-sided, but the other party didn’t realize it at the time. Drafting a postnup would benefit both parties; the person benefiting from the initial agreement doesn’t have to worry about it getting thrown out, and the person left out of the initial prenup can protect themselves with the postnup.
What You Can Cover in a Prenup?
A prenuptial agreement can be tailored to your specific needs. Some of the topics you may wish to address include:
- Whether or not spousal support is to be paid if the marriage ends and how much the recipient would get
- How assets and income would be divided if the marriage ended
- What happens to any debt accrued by the partners if the marriage ends
- The allocation of attorney’s fees related to divorce
What Cannot Be Included in a Prenup?
However, it’s important to recognize that there are limitations. Marital agreements cannot be used to cover every aspect of your marriage. Topics you may not address in a marital agreement include:
- Child support, since that is the right of the child and cannot be waived by either parent
- The minutiae of the marriage, such as who will do chores and what the relationship with in-laws will look like
- Anything so egregiously unfair that the court would likely invalidate the entire agreement
- The Parties can put language in the Agreement about Spousal Maintenance and Attorney’s Fees but the those are issues that the Court has the jurisdiction to decide based on circumstances when the parties go to court even if the parties agreed to waive maintenance and attorney’s fees at time of the execution of the document.
Can a Marital Agreement Be Challenged?
Marital agreements can absolutely be challenged in court, especially if the terms are incredibly one-sided or one side claims coercion or duress. This is why it’s essential for both parties to secure legal representation and negotiate the terms of the agreement. Your attorney can explain to you why they do or do not recommend including certain conditions in the agreement, or urge you not to sign an agreement that is unfair to you. Settling these issues before a divorce is on the table is much less expensive than hashing them out in court.
Choose Elkus & Sisson to Help With Your Marital Agreement
Whether you need a prenup or postnup, the team at Elkus & Sisson, P.C. is here to help you protect your future. Schedule a consultation by contacting us online or calling us at 303-567-7981.
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Common Types of Family Law
Divorce
Divorce
In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.
Find out more information about the services our divorce attorneys provide.
Spousal Support
Spousal Support
Some divorce settlements require one spouse to pay spousal support to the other. Once referred to as alimony, this is now called spousal maintenance/support. Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.
Learn more about spousal support and how our firm can help you.
Child Custody
Child Custody
Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:
- Visitation and parenting time
- Father’s rights
- Grandparents’ rights
- Parenting Time modification
If you are going through a divorce you may need to learn more about our services relating to child custody battles.
Child Support
Child Support
Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.
Explore our child support services to find out how we can help you.
Property Settlement
Property Settlement
To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.
Find out more about the services our property settlement attorneys provide.
Fathers' Rights
Fathers' Rights
Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.
If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.
Grandparents' Rights
Grandparents’ Rights
Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.
If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.
Adoptions
Adoptions
Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.
Learn More About Adoptions
Marital Agreements
Marital Agreements
When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.
Learn more about your marital agreement options.
Family Law Violations
Family Law Violations
Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are issues that must be addressed. Let us help you find solutions to your ex’s family law violations.
Common Law Marriage
Common Law Marriage
Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists. Some factors include: whether a couple lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors. However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.
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