Premarital Agreements

Colorado Family Law Attorney

Drafting and Litigation of Prenuptial Agreements

Many couples entering marriage sign a premarital agreement to protect themselves and their children in the event of a later divorce. The Law Offices of Fred Andrew Dunsing offers experience and insights to clients in the Metro Denver, Vail Valley and Front Range areas of Colorado. Call today to make an appointment for a free consultation.

I understand that it may seem cynical to contemplate divorce before one is even married. However, a prenuptial agreement is especially prudent when significant assets are involved. As a family law attorney since 1998, I have seen too many clients who find themselves at a legal disadvantage when a marriage unravels for whatever reason.

A "prenup" makes particular sense in two situations:

• Younger persons who bring significant assets to the marriage (trust funds, real estate, investments, business interests).
• Older couples entering a second marriage, each with significant assets. The premarital agreement not only identifies separate assets, but protects children from the first marriage. Those children can retain inheritance rights if it addressed in the prenuptial agreement.

Under Colorado probate law, a person married for 10 years may be entitled to 50 percent of the estate (in the absence of a premarital agreement).

In addition to assets, a premarital contract might also address post-divorce obligations regarding children, including child support, child custody and even child visitation rights for grandparents.

Prenuptial Agreement Litigation

Litigation of prenuptial contracts centers on which assets are determined jointly held and which are separate assets. I have an M.B.A. and I am adept at tracing the history and value of assets to determine whether they should be included in the division of marital property.

In drafting or litigating a prenuptial agreement, your lawyer must understand the factors that make it enforceable:

• Both parties must have the opportunity to review the contract with legal counsel. I can review a proposed agreement to look for loopholes or hidden clauses that would curtail your rights in a divorce.
• Both parties must completely disclose assets. I have prevailed in many divorce cases by proving that one party attempted to hide assets in anticipation of the break-up to avoid splitting the proceeds.

The stakes are too high to rely on a premarital contract alone. I represented one client who had lived in a $9 million home in Vail. The husband wanted his wife to get nothing in the divorce, but I negotiated an agreement that earned her a significant share of the value of the home.

I have the knowledge and trial experience to draft, review or litigate your premarital agreement. Contact my Denver or Avon offices to arrange your free consultation, including evening and weekend appointments.

 Law Offices of Fred Andrew Dunsing
Colorado Family Law Attorney

   Email Fred Dunsing

Our family law practice serves clients in Metro Denver, Vail Valley and the Front Range of Colorado, including Avon, Littleton, Englewood, Greenwood Village, Lakewood, Castle Rock, Aurora, Thornton, Broomfield, Westminster, Highlands Ranch, Arvada, and Golden, and throughout Denver, Douglas, Arapahoe, Jefferson, Eagle, Adams, and Broomfield counties.