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Colorado couples may take care in wording a prenuptial agreement

Prenuptial agreements in Colorado and elsewhere are supposed to make a marriage and a divorce easier. However, a man in another state is under scrutiny because of his prenuptial agreement. He says he wants a divorce but the judge is not so sure.

Assets valued at $10 million are at the heart of this disagreement. Due to the prenuptial agreement, his wife is set to receive nearly $10 million if he dies before her. However, his adult children have brought forth allegations of spousal abuse against their father.

His wife has been ordered to remove herself from the home and has not seen her husband since that date. The couple's friends report that they have a loving marriage but some of the caregivers claim that the abuse has taken place. The children say they have not seen the abuse themselves but have heard the reports.

One of the biggest problems in this case is that the husband has dementia. This is why the judge is unsure if he even wants a divorce. The judge says that at next month's court date he will try to ascertain whether the husband is even of sound enough mind to be able to make a declaration of wanting a divorce as all parties involved seem to be able to manipulate him in to agreeing with them at different times. At that hearing, the judge will decide whether to proceed or not.

Although this case in not in Colorado, residents here may be interested in knowing how this case evolves. After all, a prenuptial agreement is usually drafted to protect certain parties, such as a second wife or children from a previous marriage. Attorneys who practice in family law may be able to guide a couple with the best way to word a prenuptial agreement to avoid a situation such as this in the future.

Source: wpxi.com, "Can Florida man with dementia file for divorce?", Jane Musgrave, May 24, 2015

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Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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Adam Beckman’s areas of focus are family law, adoptions and prenuptial agreements, and criminal law/DUI. View Attorney Profile

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