What Is a Postnuptial Agreement?
A postnuptial agreement, (commonly referred to as a “postnup”) is a type of marital agreement between two spouses. Unlike prenuptial agreements (“prenups”) that are filed prior to marriage, postnuptial agreements take effect after two individuals tie the knot. Keep in mind that postnuptial agreements can only be entered into by spouses who intend to stay married.
Under Colorado Revised Statutes (C.R.S.) §14-2-302, a postnuptial agreement is defined as “an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event.”
What Makes a Postnuptial Agreement Legally Enforceable?
Under the Colorado Marital Agreement Act, a postnuptial agreement must meet certain criteria to be legally enforceable.
The essential elements of a postnuptial agreement include:
- The agreement is in writing
- The agreement includes reasonable terms
- The agreement is not in violation of public policy or laws
- The agreement was voluntarily entered into by both parties
- The agreement includes fair and accurate disclosures by both parties regarding assets and liabilities
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans
Who Needs a Postnuptial Agreement?
Although not every couple needs a postnuptial agreement, there can be enormous benefits to having a postnup in place.
Postnuptial agreements can be especially helpful for:
- Couples with significant marital assets: High-net-worth individuals or those with complex financial situations can benefit from the clarity that a postnuptial agreement provides, as opposed to encountering avoidable legal troubles in high-asset divorces later on.
- Blended families: In cases where one or both spouses have children from previous relationships, a postnuptial agreement can help clarify the distribution of assets and protect the interests of the children.
- Business owners: For those who own a business, a postnuptial agreement can ensure the continuity of the business in the event of a divorce.
- Couples planning for retirement: A postnuptial agreement can provide certainty and security, allowing both parties to plan for their future retirement.
- Couples who did not sign a prenuptial agreement: If circumstances have changed since the time of the marriage, a postnuptial agreement can be used to address any new concerns or issues.
- Spouses inheriting property or other significant assets: A postnuptial agreement can ensure that these assets remain separate property in the event of a divorce.
Benefits of Postnuptial Agreements
How can postnuptial agreements help couples and families? Common benefits of having a postnuptial agreement include:
- Financial security: In the event of divorce, a legally effective postnuptial agreement can afford couples financial and economic security, protecting their assets in the event of divorce.
- The ability pass on assets to dependents: For those with children or dependents from a previous marriage, a postnuptial agreement can ensure your ability to pass on assets to them, even if you pass away before your current spouse.
- Minimal legal conflicts: Divorce can lead to extensive litigation in court, especially for couples in high net worth marriages. Having a postnuptial agreement in place can serve as a precursor and simplify the complexities of property division and other divorce-related decisions after a couple decides to dissolve the marriage.
- Marital commitment: Some couples choose to enter into a postnuptial agreement following marital conflict, such as infidelity, to demonstrate their renewed commitment to the marital union. In these cases, postnups can offer peace of mind and emotional security to partners.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Colorado Springs Postnuptial Agreement Attorneys
Compassionate Advocacy for Colorado Couples & Families
At The Gasper Law Group, our firm understands how complex and emotionally draining it can be to navigate the intricacies of postnuptial agreements. Fortunately, you don’t have to do it alone. Our Colorado Springs postnuptial agreement attorneys are here to help couples and families with drafting and enforcing postnuptial agreements. With nearly two decades of experience, you depend on our lawyers to guide your steps wisely in family court.
Postnuptial agreements aren’t simply legal formalities, but serve as essential instruments to afford financial security, clarity, and peace of mind to couples after marriage. A legally effective postnuptial agreement can offer protective measures in the event of divorce or other unforeseen circumstances, such as determining how assets will be divided ahead of time.
Our firm has successfully handled thousands of cases throughout Southern Colorado, empowering our skilled advocates to evaluate each family’s unique needs and collaborate closely with clients to deliver the customized legal solutions they deserve. In life’s most challenging seasons, you can trust our postnuptial agreement lawyers to work diligently y tailoring a legally enforceable agreement that reflects your needs and aspirations.
Our lawyers help couples navigate divorce and related family law disputes. Call (719) 212-2448 to request a free consultation.
Trusted Lawyers in Colorado Springs
The Gasper Law Group is dedicated to providing compassionate counsel to help secure your family's future. From contentious divorces to complex property division to child custody disputes, you can trust our firm to deliver the experienced representation you need to navigate family court effectively to resolve whatever dispute you’re facing.
Our knowledgeable family lawyers understand the delicate and emotional nature of family matters, which is why we’re committed to working toward a favorable resolution for you and your loved ones while keeping conflict to a minimum. With free confidential consultations and Spanish-speaking agents available, you can trust our Colorado Springs lawyers to prioritize your unique needs from start to finish.
If you’re preparing for a family dispute in Colorado Springs, our family lawyers can guide your steps with wisdom and care. Contact us online to discuss your case.
-
"Don’t have much hope? Leave it to Caryn she will change that."I dug myself a deep hole and didn’t have much hope or luck with the attorney I used before. I called Gasper law group and Caryn Adams was my attorney that took charge of everything. I couldn’t have asked for anything better the outcome she made possible is everything I wanted. She is great at her job and takes cases seriously … don’t have much hope leave it to Caryn she will change that. Thanks Gasper law group you’re the best!- Mike L.
-
"The professionalism, guidance, and candor I’ve received from each person in this law firm has been beyond reproach."
I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.
- Steve S. -
"I highly recommend you use them to make your life easier. I couldn’t ask for a better team!"I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!- Micheala E.
-
"My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party."Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.- Avarie J.
-
"They answered every call, every email from me in the long process of this probate and they all was very professional"
I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B. -
"I was absolutely floored with the knowledge and expertise that not only Caryn carries, but the firm as a whole."I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.- Former Client
-
"Excellent care and representation"The Gasper Law Group took great care of me throughout my legal situation and constantly kept me in the loop. Couldn't ask for better representation!- Ryan L.
-
"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
