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How legally binding is a postnup in a divorce?

Many couples today who are marrying choose to have a prenuptial agreement in place before they say their I do’s. But for Colorado couples who either don’t think about it or don’t get around to it, there is always the postnuptial, or marital, agreement. Should the couple divorce, however, a postnuptial agreement could face legal issues. Many states don’t really know how to deal with postnups.

What does the law say?

For the most part, postnups are enforceable by law, but they could face snags in court. In Colorado, a postnup is not executed as part of the divorce process, but when the marriage is good and the couple has every intention of staying together. A postnup can speak to these issues:

  • Spousal alimony/maintenance
  • Division of property
  • Allocation of debt
  • Attorney’s fees

Reasons for postnups

More couples who marry without a prenuptial agreement are deciding it might have been a good idea. The second best thing is a postnup. This agreement can also speak to the financial aspects a prenup does. Or, a couple experiences a life event that changes the dynamic of the marriage, and to be on the safe side, they decide to have a postnup drafted. Some of these issues could include:

  • One spouse inheriting money or property
  • Dividing business interests
  • Repayment of gifts
  • One parent decides to stay at home with the children
  • Relationship rebuilding

A Colorado divorce attorney’s advice and guidance would be ideal if a postnuptial agreement was ever challenged in court. Understanding the court process and pointing out which areas of the postnup might be challenging may help a client to better grasp the situation. Better yet, it would be best if each spouse sought independent legal advice before drafting a postnup.

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