Colorado Prenup and Postnup Common Questions
Prenup & Postnup FAQs: Clear Guidance for Colorado Couples
Thinking about a prenup or postnup but not sure what’s involved—or if you even need one? You’re not alone. These FAQs answer some of the most common questions I hear from Colorado couples who want to protect their peace as they blend finances, build a life together, or navigate second marriages. Whether you’re just getting engaged or already married, you’ll find clear, judgment-free information to help you make confident, informed decisions.
Will this prenup hold up in court?
Yes—if it’s properly drafted and signed under Colorado law. Prenups and postnups must meet specific legal requirements, including full financial disclosure, no coercion, and the opportunity for independent legal counsel. We make sure your agreement meets all enforceability standards so it will stand up if ever challenged in court. It’s about clarity and fairness from the start.
What’s the total cost? Any hidden fees?
We offer flat-fee pricing, which means you know the total before we begin. Price depends on whether we are drafting your agreement from scratch or reviewing one that’s been created already. The drafting package includes all drafting, review, revisions, and signing coordination—no surprises.
Can we get this done before the wedding?
Yes, but time matters. Colorado law recommends that prenups be signed well in advance of the wedding to reduce the risk of being challenged. We advise completing the agreement at least two weeks before the big day. The sooner we start, the smoother the process.
Will bringing this up hurt our relationship?
It doesn’t have to. We approach prenups as a relationship-strengthening tool, not a sign of distrust. You’re planning your future together and having honest conversations about money, goals, and expectations. Many couples report feeling more aligned after going through the process.
What documents do you need from us?
Each of you will need to disclose your income, debts, assets (like property, investments, and retirement accounts), and anything else financially relevant. We provide a simple questionnaire to help gather the information, and we guide you through what’s needed.
Do we each need our own lawyer?
Colorado law requires that both parties have the opportunity to seek their own legal counsel when signing a prenup. If one party can’t afford a lawyer, the other may be expected to help cover the cost. That said, if both parties understand this right and choose to work with the same lawyer, they may do so with informed consent and understanding the limitations. It’s really about your comfort level and understanding the risks and tradeoffs. If you prefer to have separate attorneys, we’re happy to provide referrals to trusted colleagues.
How do we keep it fair?
A fair prenup starts with open communication. I draft agreements that reflect your values and goals, not just legal templates. We’ll talk through options and tailor terms that both parties feel good about, ensuring neither person is unfairly disadvantaged.
Can we change it later?
Yes. Life changes, and so can your agreement. You can update or revoke your prenup or postnup. Many couples revisit their agreements after starting a business, having kids, or buying a home.
Can we exclude inheritances or businesses?
Definitely. Prenups or postnups can specify that certain assets—like a family business or expected inheritance—remain separate no matter what. We’ll make sure these carve-outs are clearly and legally documented.
What’s the difference between a prenup and postnup?
The main difference is timing. A prenup is signed before you get married; a postnup is signed afterward. Both outline how assets and debts are handled in the event of a death or divorce.
Will this upset our families?
Sometimes. But it can also prevent future arguments and legal battles. We offer practical advice and guidance to help explain your decision in a respectful and thoughtful way. It’s about protecting your relationship and your future.
Can we agree to split everything 50/50?
Absolutely. If that’s your preference, we’ll write it into the agreement. The goal isn’t to limit fairness; it’s to clarify expectations so everyone knows what to expect.
Can we include terms about pets or debt?
Yes. Prenups and postnups should address spousal support, debt responsibilities, pet custody, and more. We’ll walk you through common provisions and help you customize what matters most to you.
What if one of us owns a home already?
We’ll help you decide whether the home stays separate, becomes shared, or follows a hybrid approach. You can outline how future equity, mortgage payments, or refinancing will be handled.
Can we save money by doing some of this ourselves?
We’re all for efficient planning. If you’re comfortable gathering financial info or outlining key terms beforehand, we’ll guide you through what’s helpful. But the drafting and review should be done by a professional to ensure it’s legally solid.
Still have questions? We’d love to help. Schedule your free consultation to get answers specific to your situation.
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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.