The Easiest Marital Agreements Start with a Pre-Nuptial Agreement

If you’re getting a divorce, this is probably not the best time to talk about a pre-nuptial agreement, but couples that have one find it much easier to make marital agreements.  A marital agreement in a divorce is the document that specifies how the marital property and marital debt will be divided between the parties.  In an equitable distribution state, like Colorado, it is not uncommon for assets to be split 50/50, even when one party clearly contributed a much larger share of the whole.  This explains why so many marital agreements are contested.

On the other hand, pre-nuptial agreements are designed to “predetermine” the outcome of a divorce in the event that it occurs.  While some people find them offensive, many well-to-do families insist on a one of these agreements to protect the family’s assets.  Divorce attorneys will often recommend a “pre-nup” for any couple, regardless of whether they’ve inherited the family fortune.  But unfortunately, many couples enter divorce court without any protection against the equitable distribution of their marital assets.  It may be too late to go back in time and craft a pre-nuptial agreement, but it is possible to insist on it with any future marriage.

In a recent article published by the Marrison Law Firm in Colorado Springs, these family law attorneys explore the topic further. To learn more about the effect of a pre-nuptial agreement on a divorce, read “Marital Agreements Would Be Simpler with a Pre-Nuptial Agreement.”  These attorneys often recommend that spouses who cannot come to terms on their marital agreements should try mediation before entering a courtroom.  Mediators are much more adept at interpreting the law in way that works for everyone, without imposing an unfair hardship on either spouse.  Of course, a family business or diverse investment portfolio can make marital agreements far more complicated, but a mediator may be able to help the parties come to a compromised settlement.

For couples who are just about to marry and for older couples who are considering remarriage, the pre-nuptial agreement preempts any conflicts that may arise in a divorce settlement or marital agreement.   These legal documents may not seem like the best way to start a marriage, particularly if you are the spouse with fewer assets, but it is still the simplest way to avoid a conflict down the road.

A Colorado Springs family lawyer will help you make sense of your marital agreements, whether they occur as a result of a divorce or they are being drafted in a pre-marital situation.