Prenuptial Agreement Attorneys | Denver


Prenuptial, or Pre-marital, agreements can help clarify the financial and familial responsibilities in a marriage, including how debts are distributed and how joint property is classified.  We work with clients in Colorado to draft both pre- and post-nuptial agreements because many times when starting or running a business, the default marriage property laws of Colorado doesn't necessarily match up with the desires of the couple.  We can draft a pre-or post-nuptial agreement so that the assets of your business or other personal property is protected the way you want it to be, not the way the state says it should be.  Flat-rate pricing is available for drafting and reviewing prenuptial agreements.

Paperbark Law can assist with: 

  • Discussing whether a prenuptial agreement is appropriate

  • Drafting a prenuptial agreement or post-nuptial agreement

  • Review and representation for an existing prenuptial agreement

  • Post-nuptial agreement review and drafting

  • Co-habitation agreements and contracts

Prenuptial Agreements Are Contracts (so a transactional attorney should write it)

Most attorneys who draft prenuptial agreements tend to also practice in family or estate planning.  And this is for good reason: a prenuptial agreement is about a family after all and the laws governing prenups in Colorado are found in the same section as other domestic matters.  Similarly, just as a will deals with the property of an individual, a prenup deals with the property of  individuals in marriage.  So it makes sense that a prenuptial agreement attorney would also draft wills and other family documents.  

But for us, a prenuptial agreement is more like a business contract, at least from the client's point of view.  Most, if not every, couple for whom we've drafted a prenup do not want to talk about divorce.  They want to talk about their business, their income, their assets, their liabilities.  They want to sort out what belongs to who and how things are going to work during the marriage.  A woman who operates a successful business may not want her husband to have legal right to 50% of those business earnings once they get married, simply just because they got married. Similarly, the husband may not want to be responsible for his wife’s business debts.   Sorting out these issues before marriage is similar to most other business contracts: we talk about expectations, we agree on who has what rights and obligations, and we put it in writing.  Simple as that. 

Prenuptial Agreements Aren't About Divorce  

Before drafting a prenuptial agreement for a client, we will send the client a comprehensive questionnaire.  Of the dozens of questions we ask, only about two of those questions are about divorce.  The rest of the questions deal with how money is going to be handled during the marriage.  We ask if the couple wants to have separate or joint bank accounts.  We ask about business assets and business income.  We talk with the client about how she and her  husband envision their family's fiances blending together.  Most prenuptial agreements make very little mention of divorce; instead they set to arrange the couple's finances and familial obligations while the marriage is on-going.  Most couples want different household financial rights than what the state imposes.  There should be no stigma with protecting your finances in marriages; in fact, we think it's smart.