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Legal challenges to a prenuptial agreement in Colorado

Before a couple gets married, they may have an idea of how they would like certain things like finances and property divided, as well as the amount of any alimony payments, if a divorce were to ever happen. These individuals may elect to execute a prenuptial agreement to detail these items. However, once the couple is married for a period of time, one or both spouse's financial situations may change. There are certain circumstances under which a prenup could get thrown out of court, in Colorado or anywhere else in the country.

The most common cause that could lead to a prenup getting thrown out during the divorce process is if one of the spouses will receive markedly less in the divorce with the prenup than what they could have received if they had never agreed to one. If a spouse has lost potential alimony benefits or the rights to certain property, it is possible that the prenup could be deemed unfair. The point of a divorce is that the assets of both spouses will be divided fairly, so if a prenup violates that point, it could be thrown out.

Another common cause that could make a prenup invalid is if any fraud or duress was involved in the process. For example, the prenup could be invalidated if undue pressure was placed on one spouse to sign a prenup close to the wedding date after many things have already been paid for. If one spouse failed to disclose any financial assets during the prenuptial process, it could result in the prenup being negated due to fraud.

A prenuptial agreement is intended to help Colorado couples in the event that they eventually will seek a divorce. However, when the spouses do try to separate, it can sometimes be difficult for a court to decide whether to uphold the prenup. Help is always available for any couples seeking guidance on the specifics of a divorce in order to ensure that each person receives his or her fair share.

Source: The Huffington Post, "When a Prenup Gets Thrown Out", Stann Givens, July 1, 2014

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