Spousal Agreements

Many people are familiar with the concept of a Pre-Nuptial Agreement. However, most people are unaware of the agreements spouses can enter into after their marriage, whether they are considering a divorce or not. This article gives a brief overview of the various types of agreements spouses can make with one another.

Pre-Nuptial Agreements

A Pre-Nuptial Agreement (also referred to as an “Antenuptial Agreement” or “Pre-Nup”) is an agreement signed by individuals before they are married. In Colorado, Pre-Nuptial Agreements must meet specific requirements to be enforceable.

The court will not enforce the following terms in a Pre-Nuptial Agreement:

1.     Child support;

2.     Parental responsibility;

3.     Limitations or restrictions on relief for victims of domestic violence;

4.     Modifications to the grounds for a divorce (i.e,., other than irreconcilable differences); or

5.     Penalties for a party initiating a dissolution of marriage or legal separation action.

For more information about Pre-Nuptial Agreements, read my post, "5 Problems with Your DIY Pre-Nup."

Marital Agreements

A Marital Agreement is an agreement signed by a married couple who intends to remain married. This can be an entirely new agreement, or it can be an amendment of a Pre-Nuptial Agreement. Marital Agreements are subject to the same requirements as a Pre-Nuptial Agreement.

A Marital Agreement can include all of the topics that are traditionally included in pre-nups, including property division, waiver of rights on death, waiver of rights at divorce, or waiver of maintenance.

Separation Agreements

The term “separation” can be misleading, because it applies equally to parties who are considering a dissolution of marriage or a legal separation. Spouses can sign a Separation Agreement before or after filing with the court.

The financial terms of a Separation Agreement are binding on the court, unless the court finds them to be unconscionable. Unlike Pre-Nuptial and Marital Agreements, the parties can include provisions related to parenting time and child support. However, these terms are subject to review by the court.

A Separation Agreement is incorporated into the decree of dissolution or separation. At that point, its terms become enforceable through contempt proceedings.

Are you considering a pre-nuptial agreement, need to modify your existing pre-nuptial agreement, or want to explore settlement before filing for divorce? If so, I’m here to help!