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Dealing with the division of marital assets before a divorce

Prenuptial and postnuptial agreements have become so popular that numerous websites offer do-it-yourself forms. These forms might seem like a less expensive alternative, but Colorado couples need to remember that you often get what you pay for with DIY legal documents. There is no guarantee that the forms will comply with Colorado law and adequately handle the division of marital assets.

People enter into these agreements in order to ensure that they do not end up in a contentious court battle in the event of a divorce. If the agreement is not properly drafted and executed, it could be invalidated by the court, and the parties will end up having to go through the property division phase of the proceedings after all. The amicable separation for which the parties hoped might not come to fruition.

Ultimately, it would be advantageous to involve an attorney in the process of negotiating, drafting and executing these agreements. Several elements have to be in place for an agreement to be considered valid. Full financial disclosure and a complete understanding of the ramifications of an agreement are just two of the important elements to which a document must adhere in order to be used in a divorce.

Colorado laws change all the time. If you are not aware of any changes regarding the division of marital assets, your agreement might not be worth the DIY form is it written on if you end up getting divorced. The time and expense needed to create prenuptial and postnuptial agreements that comply with all of the applicable laws, rules and regulations could end up saving you much more than if you end up in a contentious court battle, which is what the agreements are meant to avoid.

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