Understanding the Differences Between Postnuptial Vs. Prenuptial Agreements

Marriage is more than a joyous walk down the altar and the exchanging of vows. It may feel purely emotional, but it’s also considered a legal contract with consequences for both spouses if it ends. It may not feel romantic to consider the legal implications of marriage, but a well-executed contract between two loving spouses helps to protect both parties with terms set in place when the relationship is still at its loving best.

Understanding the differences between postnuptial and prenuptial agreements can be critical for making the right choice or learning which one to apply in your case.

What Is a Prenuptial Agreement In Colorado?

Prenuptial agreements are drafted and signed legal agreements created before a couple marries. The agreement addresses important financial matters for the marriage ahead such as the following:

• Ensuring that an individual’s assets remain their separate property
• The division of assets, property, and debt acquired during the marriage in case of a separation or divorce
• Each spouse’s rights and obligations during the marriage, including allocating responsibility for debts and financial liabilities incurred during the marriage and protecting one spouse against debt acquired by the other
• Covers financial issues that most couples experience during their marriage such as insurance coverage, retirement plans, and wills
• The terms of a spousal support agreement one spouse must pay to the other in the event of a divorce or immunity against spousal support claims
• Inheritance issues if one spouse has children from a prior marriage and plans to leave them an inheritance

Prenuptial agreements must be carefully constructed to be enforceable if the spouses later separate or divorce.

What Is a Colorado Postnuptial Agreement?

Colorado §14-2-302(2) calls both prenuptial and postnuptial agreements “marital agreements” because they typically address the same issues. The main difference is the timing of the contracts. A prenuptial agreement is drafted and signed before the marriage. If married spouses decide to put legal terms in place for their marriage after they’ve already married, they must create a postnuptial agreement. 

Deciding to create a legal contract for their assets, properties, and debts does not mean the marriage is in trouble or doomed to divorce. Often, married spouses decide to create a postnuptial agreement to avoid financial tensions that could otherwise disrupt marital unity. Sometimes the decision is the result of a change in financial circumstances, such as a spouse opening a business, financial matters they didn’t consider before the marriage, or their financial concerns changed after having children. A well-executed plan offers transparency, gives spouses peace of mind, and alleviates financial anxieties or disagreements.

No one plans to divorce, but if the worst occurs, an enforceable prenuptial or postnuptial agreement makes the process much easier and less adversarial. This is particularly beneficial if spouses have children together and must be able to effectively co-parent after a divorce.

Do Prenuptial and Postnuptial Agreements Cover All Aspects of Divorce In Colorado?

Prenuptial and postnuptial agreements only address matters of property, assets, and spousal support. They do not include custody agreements or child support obligations in the event of a future divorce. Colorado courts make these decisions in the best interests of children based on the circumstances at the time of divorce or separation. Reach out to our divorce lawyers in Fort Collins to learn more.

How Can a Colorado Family Attorney Help?

A prenuptial or postnuptial agreement must be able to withstand legal scrutiny to be fully enforceable in the event of a divorce, requiring meticulous attention to detail. Call the Fort Collins family law attorneys at Law Office of Stephen Vertucci, LLC to protect your rights, your assets, and your peace of mind with an enforceable Colorado marital agreement facilitated through productive conversations between you and your spouse under our experienced legal counsel.