Marriage is an emotional and personal milestone. It is also a legal and financial partnership. A prenuptial agreement allows couples to clearly define how financial matters will be handled in the event of divorce or death. It’s not about expecting the worst—it’s about preparing responsibly for the future.
What Is a Prenuptial Agreement?
A prenuptial agreement (commonly called a “prenup”) is a legal contract created and signed before marriage. It outlines how assets, debts, and other financial matters will be managed if the marriage ends, whether through divorce or death.
Without a prenup, state law governs the division of property, which may not reflect your personal intentions or financial realities.
Why Prenups Are Becoming More Common
Prenups are increasingly used by individuals who:
- Own significant assets or property
- Have children from prior relationships
- Are entrepreneurs or business owners
- Expect future inheritance
- Plan to pause their careers for caregiving
A prenup can:
- Identify separate vs. shared property
- Protect each partner’s financial interests
- Clarify debt responsibility
- Establish terms for spousal support
- Help ensure a smoother legal process if separation occurs
Courts will only enforce prenuptial agreements that are fair, entered into voluntarily, and based on full and honest financial disclosure.
For more insights, consider reading our article on What Marital Assets Can You Claim Without a Pre-Marital Agreement?
Do You Need a Lawyer to Draft a Prenup?
While couples are legally permitted to draft their own agreement, doing so without legal guidance is risky. Prenuptial agreements must follow specific legal requirements to be enforceable. Both parties should have their own attorneys to ensure the terms are understood and the agreement is equitable.
What a Prenup Can’t Cover
Prenups focus strictly on financial and property matters. They cannot include terms related to:
- Personal behavior
- Household responsibilities
- Parenting decisions (such as custody or visitation)
Child-related matters are decided by the court at the time of divorce, based on the child’s best interests, regardless of what a prenup might state.
What If You’re Already Married?
If you’re already married and didn’t sign a prenup, you may still consider a postnuptial agreement. This is a similar legal document created during marriage, often in response to major life changes—starting a business, receiving a large inheritance, or planning for long-term caregiving.
Postnups help couples clarify financial arrangements and protect each other throughout the marriage.
For more information, see our blog post on Why You Should Consider a Postnuptial Agreement
Protection in Case of Death
Although prenups are often associated with divorce, they also offer protection in the event of a spouse’s death. In certain states, surviving spouses may be responsible for debts acquired during marriage. While Colorado is not a community property state, future relocation or multi-state assets can introduce complexity. A prenup can help address these issues in advance.
To understand how prenuptial agreements can be part of your estate planning, especially when considering children’s inheritance after remarriage, refer to our article on Estate Planning To Protect Your Children’s Inheritance After You Remarry
We’re Here to Help You Plan Confidently
At Lewis & Matthews, we have decades of experience helping couples in Colorado make informed, forward-thinking decisions through prenuptial and postnuptial agreements. Whether you are engaged, already married, or exploring your options, our team can help you understand your rights and responsibilities.
Schedule a consultation today to learn more about how we can assist with your marital agreement.
