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A prenuptial agreement is an essential part of a marriage plan

It is estimated that more than one-third of marriages today will end in a divorce. In the past, only the wealthy or more prominent members of society would consider a prenuptial agreement an essential element in wedding plans. However, Colorado residents who are planning to marry are encouraged to consider the merits of drafting these important documents.

Couples may find that it is worth any discomfort a conversation about prenups may have initially caused. A well-drafted agreement will ensure that a couple can arrive at a mutually satisfactory settlement without the stress and fighting that often occurs during a divorce. Many family law attorneys are spending a considerable amount of their practice in drafting these contracts. They suggest that these agreements are drawn up shortly after the engagement commences so as to avoid allegations of coercion to sign.

A well-written prenup will include every asset that is currently owned by each party as well as those that are reasonably anticipated. A prenup can help avoid the temptation to either overestimate one's wealth or attempt to conceal assets in the hope of avoiding full disclosure. If either party is not forthcoming about his or her finances, a prenup could be overturned by the court. In addition, the couple should confine the terms of their prenup to property division. A court will not uphold conditions that allude to the roles each spouse is expected to fulfill in a marriage, nor can these agreements dictate such matters as child custody or support.

Even though it is recommended that a prenuptial agreement be drafted well in advance of a wedding, it is more important that these documents are in place to afford protection to each spouse. Furthermore, each party is urged to seek the advice of an attorney who will ensure that an individual's needs are provided in the event of a divorce. Colorado residents who are interested in drafting a prenup may enlist the services of an experienced attorney.

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