In Colorado, a marriage is considered a contractual relationship. At CEO attorneys, we tell our clients
that everyone who is married has some form of prenuptial understanding. Why? Because the state has a
statutory regime (i.e. laws) which govern property rights of spouses in marriage, and in case of divorce.
More simply, the laws are the rules under which your marriage works. What happens to property that
you bring in with you to the marriage? What happens to property that you purchase after you are
married, but in your name only? Colorado’s family laws address all of these concerns.
While Colorado’s laws set the “default” rules for a marriage, you and your current or future spouse can,
with a prenuptial or postnuptial agreement, customize these laws to fit your relationship best. The
Colorado State Legislature put in place the laws we have currently on marriage and spousal rights, but
they were written broadly to be “one size fits all.”
With a pre or postnuptial agreement, you and your significant other can make deliberate choices about
your property rights that fit your relationship best. If you or your spouse have, or will have, a sizeable
inheritance, you may wish to have your own expectations about what happens to those funds
memorialized in an agreement. If you are your spouse are bringing a retirement account into your
marriage, or a home which is owned by only one of you, that property may end up being divided in a
dissolution, absent entering into a prenuptial agreement.
Prenuptial and postnuptial agreements allow spouses or future spouses to make deliberate and unique
decisions about their finances, in ways that a marriage without a prenuptial or postnuptial agreement
cannot. Without a prenuptial agreement, it is possible your property of all kinds may be divided in a
divorce.
At CEO attorneys, we find a great deal of value in pre and postnuptial agreements. These agreements
are typically crafted with the marriage is in a strong and amicable state. They allow our clients to set
good financial expectations for their marriage, and can help eliminate disputes a.) about how money is
managed and b.) if a marriage does end in divorce. Generally speaking, a marriage which ends in divorce
with a pre or postnuptial agreement will be a simpler, less contested proceeding than a marriage which
does not have any of these agreements.