Parties in Colorado Prenup must disclose their financial situation. However, there is no clear rule on what is sufficient for a binding. And as noted above, the lack of independent legal counsel can be considered when a court judges whether the parties have voluntarily and knowingly entered into the agreement. The best practice is that a party negotiates a prenup to (a) hire a Colorado lawyer and (b) produce as much detail as possible about its finances. This information should include bank, mortgage and investment statements, copies of salaries, valuations for businesses or real estate, as well as information on non-performing assets or assets, such as trusts or estates. Graham Law represents dissolution clients who have a marital or post-marital agreement and will argue whether they are enforceable, but our company does not understand them. The terms of a premarital or marital contract are similar to any other contract, with the following exceptions: the most frequently cited reason for asserting that the matrimonial agreement is involuntary is that there was “ink on the wedding dress,” meaning that a party was presented with the agreement close to the marriage with little time to verify it. Some might want to argue that they were laid back because their fiancés said they would not marry them if they did not sign the agreement. However, the Colorado courts have decided that the scenario is not just a constraint, because there is every right to decide at no time not to marry. If one party has had time to review the agreement and consulted or had a lawyer, as long as the other party has been transparent and in advance of its financial situation, it is likely that a court will maintain the entire marital agreement.
Unacceptable will be decided on a case-by-case basis and could lead to the cancellation of an entire agreement or the application of certain provisions. With regard to parenthood, the judge is required to take into account the welfare of the children at the time of divorce or separation, regardless of an agreement between the parties. And let`s be honest, at the time of marriage, it is quite difficult to know what interest for children who are not yet born in the best years.