Prenuptial Agreement Litigation
Litigation of prenuptial contracts may hinge on identification of joint and separate assets. Additionally, enforcement of provisions concerning spousal maintenance and attorney fees may depend on the outcome of a "conscionability review." I have an M.B.A. and I am adept at performing the kind of analysis required to trace assets and make a persuasive presentation to the court concerning the conscionability or unconscion-ability of certain provisions contained in a prenuptial agreement.
In drafting or litigating a prenuptial agreement, your lawyer must understand the factors that make is enforceable:
l Both parties must have the opportunity to review the contract with legal counsel.
I can review a proposed agreement to look for loopholes or clauses that might curtail your rights in a divorce.
l Both parties must fully disclose assets and incomes.
I have prevailed in cases where party has attempted to hide assets from the other while the agreement was being negotiated.
I have the knowledge and trial experience to draft, review, of litigate your premarital agreement. Contact my Denver or Avon officesto arrange a free consultation. I make appointments on evenings and weekends, and I accept all major credit cards.
Premarital Agreements
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.
I understand 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 in practice since 1998, I have seen too many clients become legally disadvantaged when a marriage unravels for whatever reason.
A "prenup" may make sense in two situations:
- Younger persons who bring significant assets to a 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 prior marriages. Those children can retain inheritance rights if addressed in the prenuptial agreement. This can be an important issue as under Colorado law, a person married for 10 years may be entitled to 50% of a probate estate (in the absence of a premarital agreement).
Law Offices of
Fred Andrew Dunsing
Offices in Denver
and the Vail Valley
Other Issues
In addition to assets and support, a premarital contract may also address post-divorce obligations regarding the division of debt, children, and even grandparent visitation rights.
The stakes can be too high to rely on people doing the "right thing" in a divorce situation. I represented one client that was going to live in a $9 million home in Vail. The future husband wanted my client to receive nothing in the event of a divorce. I negotiated an agreement that earned her a significant share of the value of the home in the event of divorce.
Law Offices of Fred Andrew Dunsing
Colorado Family Law Attorney
Metro Denver Avon/Vail Valley
1776 S. Jackson St., Ste. 1107 70 Benchmark Rd., Ste. 207
Denver, CO 80210 Avon, CO 81620
Phone: (303) 758-8981 Phone: (970) 949-1777
Fax: (303) 758-1639 Fax: (303) 295-8999
My family law practice serves clients in Metro Denver, the Vail Valley, and the Front Range of Colorado, including Avon, Littleton, Englewood, Centennial, Greenwood Village, Highlands Ranch, Aurora, Lakewood, Thornton, Broomfield, Westminster, Arvada,
and Golden, and throughout Arapahoe, Broomfield, Denver, Douglas, Eagle, and Jefferson Counties.
Any information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright © 2009 by the Law Offices of Fred Andrew Dunsing. All rights reserved.
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