At Evans Case, our estate planning attorneys in Denver often work with couples who want to know how prenuptial agreements fit into their long-term plans. Many people think of prenups only in the context of divorce, but they also play an important role in estate planning. By addressing property rights, inheritance, and financial responsibilities, a well-drafted prenuptial agreement can provide clarity and prevent disputes after one spouse passes away. Understanding how these documents work in Colorado can help protect your assets and your family’s future.
What Is a Prenuptial Agreement?
A prenuptial agreement, commonly called a prenup, is a contract signed by two people before marriage. It outlines how assets and debts will be divided if the marriage ends in divorce or if one spouse dies. In Colorado, prenups are governed by the Colorado Uniform Premarital and Marital Agreements Act, which sets standards for validity and enforcement.
For an agreement to be enforceable, both parties must fully disclose their finances, sign voluntarily, and have the opportunity to consult with their own attorney. At Evans Case, we ensure that our clients enter into these agreements with full transparency so that they stand up in court if challenged.
How Prenuptial Agreements Support Estate Planning
Estate planning involves making legal arrangements to manage and distribute your property after death. Prenuptial agreements can strengthen those plans by clarifying each spouse’s rights and expectations. Without a prenup, Colorado law provides certain inheritance rights to surviving spouses, which may not align with your personal wishes.
For example, Colorado’s intestacy laws give a surviving spouse a large share of the estate if there is no will. Even with a will, a surviving spouse may claim an elective share, which allows them to take a portion of the estate regardless of what the will says. A valid prenup can waive or limit these rights, allowing your estate plan to reflect your intentions more accurately.
Protecting Children From Prior Marriages
One of the most common reasons clients in Denver use prenuptial agreements in estate planning is to protect children from previous marriages. Without clear agreements, a new spouse may inherit more than intended, leaving children with less than what was planned. A prenup can specify how assets will be divided so that children from earlier relationships receive their rightful inheritance.
This can be especially important when significant property or family heirlooms are involved. By addressing these issues in advance, couples reduce the likelihood of conflict between a surviving spouse and stepchildren during probate.
Managing Property and Inheritance Rights
Colorado is not a community property state, but marital property acquired during a marriage is generally divided equitably in divorce or death. A prenup allows couples to define what property remains separate and what will be considered marital. This helps ensure that property intended for certain beneficiaries remains protected.
For example, a business owner may want to keep their company separate from marital property so it can pass directly to children or business partners. A prenup can outline these terms clearly and prevent challenges later on. Similarly, retirement accounts, real estate, and investment portfolios can all be addressed in the agreement.
Preventing Probate Disputes
Probate is the legal process of settling an estate after death. Unfortunately, it can become a battleground when family members disagree about inheritance. Prenuptial agreements reduce the chance of conflict by creating legally enforceable instructions about how assets should be handled.
We regularly see cases where a prenup simplifies the probate process because expectations are already set. Instead of relying on general state laws, the court can look to the agreement for guidance. This not only protects your wishes but also spares your loved ones the emotional and financial toll of lengthy disputes.
Combining Prenups With Wills and Trusts
A prenuptial agreement does not replace a will or trust, but it works alongside them. For example, a prenup may waive a spouse’s right to claim part of the estate, while a trust can be set up to provide financial support in other ways. This balance ensures that both your spouse and your children are cared for while preserving your long-term goals.
Our estate planning and prenuptial agreement attorneys at Evans Case help clients create coordinated plans that use both prenups and estate planning tools. By taking this comprehensive approach, we make sure your wishes are carried out and legally protected.
When Should You Create a Prenuptial Agreement?
The best time to create a prenup is before marriage, but couples who are already married can create similar agreements called postnuptial agreements. These serve many of the same purposes and can also support estate planning. If you are entering a second marriage, own significant assets, or want to ensure your children inherit specific property, a prenup is a valuable tool.
Even couples with modest assets can benefit. Clear agreements can prevent misunderstandings, protect family heirlooms, and ensure that your estate plan reflects your true intentions.
Contact Evans Case Today for Help With Prenuptial Agreements and Estate Planning
At Evans Case, our estate planning attorneys in Denver understand how important it is to protect your assets, your spouse, and your children. Prenuptial agreements are more than just divorce planning tools—they are an essential part of comprehensive estate planning. We draft, review, and enforce agreements that stand up in Colorado courts and reflect your personal wishes.
If you are planning a marriage or want to update your estate plan, we can help you understand your options and put the right protections in place. Contact us today to speak with our attorneys about how a prenuptial agreement can safeguard your estate plan in Colorado.
