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A Quick Guide to Premarital Agreements

Boiled down, premarital agreements are contracts that parties enter in prior to marriage or civil union. Pre-marital agreements can accomplish goals such as preserving estate plans, changing the rules and costs of dissolution and establishing prerequisites to an enforceable prenuptial agreement. Here are some things to know about premarital agreements:

 

“Agreements should be written in language that the parties understand. Care should

be taken to ensure that clients do, in fact, understand what the agreement means. Clients also must be advised as to what their rights or responsibilities are in the absence of the marital agreement. Marital agreements that are ambiguous or subject to conflicting interpretations lead to litigation. Litigation over what a provision in a marital agreement means leads to malpractice suits. Prenuptial agreement attorney should also take care to ensure there are not conflicting provisions within a marital agreement.

 

Lawyers and clients should spend time attempting to identify all future issues that

may come up between the couple if they divorce. If the lawyer does not draft for a contingency that then ends up being a contested dissolution issue, chances are good that a client will identify this as a failing in the lawyer’s work product.

 

Lawyers should keep all of the drafts of the marital agreement” (Willoughby, 2014, p. 24).

 

The expert attorneys at Willoughby & Associates will help you consider all aspects of your prenuptial agreement while drafting the contract and before signing. As Denver’s leading high net worth divorce lawyers, we are thorough, compassionate and have expertise in handling complex financial agreements. Read more about premarital agreements in “Chapter 38” of Lawyers’ Professional Liability in Colorado.

 

Willoughby, K. R. Esq., (2014). Family law. Lawyers’ Professional Liability in Colorado, 23-24.

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