Many people in Broomfield and the other Colorado communities around Boulder and Denver may have heard of premarital agreements. These may also get referred to as prenuptial agreements or even just prenups. There are, in fact, many advantages that these agreements offer, even to couples who have no plans to undergo divorce or legal separation.
For instance, premarital agreements are usually a good idea for anyone who is entering a second marriage or who has children from a prior relationship. The reason is that the prenup can clarify one’s estate plan and make sure that his or her children from the prior relationship receive the inheritance that he or she wants to pass down.
Without a premarital agreement, it is quite possible that a surviving spouse may legally be able to claim property intended for the person’s children, thus causing legal problems down the road. Likewise, prenuptial agreements are also a good idea when a person entering marriage has an interest in a closely-held business, like a partnership, LLC or even a family-owned corporation.
Oftentimes, business owners will be expected to have a premarital agreement and they can, in any case, prevent an unfortunate situation where someone’s spouse is left with an interest in business about which they know relatively little. Finally, and contrary to popular belief, premarital agreements can protect a spouse with a weaker financial position from being taken advantage of. A premarital agreement can ensure that someone who has limited financial means will receive adequate support in the event of a divorce or separation.