Prenuptial Agreement. Download online state specific prenuptial agreements form (Premarital Contract)
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Prenuptial Agreement Allows Couples to Define Their Own Terms.
A Prenuptial agreement enables the engaged couple to negotiate around Colorado law in order to define separate Property and marital Property as they wish. By means of a Prenuptial agreement you can define separate Property to include all income from and appreciation on your separate Property. You can also protect your earned income by defining that as separate Property, so that assets purchased or investments made with your earned income will remain your separate Property upon divorce. Thus, by altering the definitions of "separate Property" and "marital Property" from those provided by statute, you can protect not only the core of your separate Property which you amassed prior to your Marriage, but also the earnings from and appreciation on that Property. If you wish to restrict your spouse's rights upon divorce to your earned income, including retirement benefits, you can do that as well.
Spouses can waive their rights to maintenance payments in a Prenuptial agreement. They can agree in a Prenuptial agreement to a certain amount of maintenance to be paid to the less wealthy spouse in the event of a divorce. However, if at the time of a divorce, the court determines that the spousal maintenance terms in the Prenuptial agreement are "unconscionable" in the treatment of the less wealthy spouse, the court would have jurisdiction to render that portion of the Prenuptial null and void, and to award reasonable maintenance.
Finally, a Prenuptial agreement can allow couples to determine what rights a surviving spouse will have upon the first spouse's death. For example, in many Prenuptial agreements, each spouse waives his or her right to reject the terms of the other's will and elect to take up to half of the estate outright (depending on the length of the Marriage) Such a waiver ensures that the estate plan of the first spouse to die will be honored by the surviving spouse.
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Return to all Prenuptial Agreement legal information
Legal Articles about Prenuptial Agreement
Prenuptial Agreement Frequently Asked Questions
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