Protect Your Assets with a Prenuptial Agreement
It may seem cynical to contemplate divorce before one is even married. But, in fact, it can be quite prudent. Dunsing, Deakins & Galera, LLC, in Denver, CO and Avon, CO, has seen too many clients at a legal disadvantage when their marriages have unraveled and they had no prenuptial agreement protecting their assets. Family law professional Fred A. Dunsing and his colleague Joseph W. Galera can provide you with the legal advice necessary to draft a beneficial agreement. We also provide assistance with postnuptial agreements for couples who are already married..
Why Do I Need a Prenuptial Agreement?
Marital property agreements are an important tool in helping to prevent disputes in a variety of situations:
- Younger people who bring significant assets to a marriage, such as trust funds, real estate, investments and business interests
- Older couples entering a second marriage, each with significant assets. The agreement identifies separate assets and protects the inheritance rights of children from prior marriages. This can be an important issue in Colorado, where a person married for 10 years may be entitled to 50 percent of a probate estate in the absence of a premarital agreement.
- People who want to protect assets they may acquire in the future
- Those who want to try to reduce potential liability
In the event of death, prenuptial contracts can help distribute an estate according to the parties’ wishes and can protect property from creditors.
Drafting Prenuptial Contracts
Dunsing, Deakins & Galera, LLC, customizes premarital contracts that set out each party’s assets, debts, and property rights, and settle how property and support will be handled in the event of a divorce or death. The agreement may also dictate post-divorce obligations and rights regarding children, support, and grandparents’ rights.
The prenuptial agreement attorneys at Dunsing, Deakins & Galera, LLC, review and litigate premarital agreements. They review proposed agreements for loopholes or clauses that might curtail your rights in a divorce.
Our team can provide you with the legal advice necessary to draft a beneficial prenuptial agreement.
They handle prenuptial contracts with discretion and understanding, maintaining a careful balance between the need for a protective agreement and a couple’s belief that the marriage will succeed.
Prenuptial Agreement Litigation
When disputes do arise, Dunsing, Deakins & Galera, LLC, can work on your behalf. 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.” The attorneys at Dunsing, Deakins & Galera, LLC, conduct the type of analysis required to persuasively argue to the court the conscionability or unconscionability of prenuptial provisions.
Attorneys at Dunsing, Deakins & Galera, LLC, are adept at drafting and litigating prenuptial agreements because they understand the factors that make them enforceable:
- Both parties must have the opportunity to review the contract with legal counsel.
- Both parties must fully disclose assets and incomes.
The stakes can be too high to rely on your spouse to “do the right thing.” Dunsing, Deakins & Galera, LLC, prevailed on behalf of a client whose prospective spouse attempted to hide assets while the agreement was being negotiated.
They also represented a client who was going to live in a $9 million home in Vail. Her future husband wanted her to receive nothing in the event of a divorce. They negotiated an agreement that earned her a significant share of the value of the home in the event of split.
Schedule a Consultation
If you are considering a premarital agreement or are embroiled in litigation over one, our marital rights attorneys can help you. The Dunsing, Deakins & Galera, LLC, legal team will handle every case personally, listen carefully and prepare you for the road ahead. For your convenience, the firm also accepts all major credit cards. Call our Denver office at (303) 758-8981 or our Avon office at (970) 343-0023 to arrange your consultation. You can also reach us online.