PRENUPTIAL AGREEMENTS
In Boulder & Colorado Statewide
The Conscious Family Contract is a new take on prenuptial agreements that reflects and values the full range of contributions to a marriage, providing appropriate protections to each party while reducing the damage to the marriage a lopsided agreement can cause. Develop important tools and structures to create an unbreakable union that can weather any challenge.
If you have been considering a prenuptial agreement prior to getting married in Colorado, you’ve probably seen a lot of standard legal contracts for this. However, prenuptial agreements as they are typically written are rarely as helpful as they may seem at first. They don’t usually take both partners into consideration, and they tend to be overly focused on finances.
There is a better way: the Conscious Family Contract — a more holistic re-imagining of the conventional prenuptial agreement that protects both partners and goes beyond only monetary issues. To learn more, reach out to the prenuptial agreement lawyer at Conscious Family™ Law & Mediation in Boulder and across Colorado at 303-415-2040, or use our online form to request a free introduction call today. We work online with couples anywhere in the world.
The re-imagined, holistic prenuptial agreement that creates the foundation for extraordinary families
The conventional prenuptial agreement is focused purely on protecting financial interests.
(But issues related to parenting, sex, communication, household roles, and companionship are just as foundational to a lasting marriage as money and financial security.)
Most prenuptial agreements are one-sided, protecting the interests of one spouse.
(This creates an imbalance of how each spouse feels about their contributions during the marriage.)
The conventional process of negotiating and entering into a prenuptial agreement involves trading a legal document between lawyers.
(This puts toxic stress on an imminent marriage, just when the focus should be on the hopes, dreams and love of the couple.)
The Standard Colorado Prenuptial Agreement
Protection for the more affluent partner
If you’ve spent any time looking at standard Colorado prenuptial agreements, or if you have friends here who have signed a prenuptial agreement (AKA “prenup”), you’re likely familiar with this type of contract.
As part of Colorado’s Uniform Premarital and Marital Agreements Act, prenuptial and post-nuptial agreements (see below) are codified contracts that two parties enter into as part of their marriage. Usually, the desire for a prenuptial agreement comes from one partner who has a considerably higher income or who owns more property of high value.
If the couple eventually divorces or undergoes a legal separation, rather than their marital property and income being divided by equitable distribution — as is common in Colorado — the partner protected by the prenuptial agreement retains the bulk of their assets. Sometimes, the longer a couple remains married, the more the partner with a lower income is entitled to increased assets.
Typical Prenuptial Agreements: Few Pros and Many Cons
Why these agreements are lacking
As you may have already surmised, conventional prenuptial agreements are heavily focused on financial matters and the division of assets should the couple decide to divorce. While this is smart proactive thinking on the one hand, in our estimation, a standard prenuptial agreement is overly concerned with monetary issues and favors one partner in the relationship over the other.
Other relationship concerns aren’t addressed in standard prenuptial agreements, although they are equally important to the foundation of a lasting marriage and, if necessary, a more amicable separation or divorce. Furthermore, the imbalance inherent in a typical prenuptial agreement can make one spouse feel they are contributing less to the marriage.
The entire prenuptial process frequently takes on an adversarial air. The agreement may involve lawyers representing each partner, who feel their job is to focus on the “what ifs” of divorce. But the start of a marriage should really be about the couple’s hopes and dreams for the future, without the negative possibilities of separating at the forefront of their union. No couple needs this kind of toxic stress before their wedding.
The Conscious Family™ Contract is a new take on prenuptial agreements that reflects and values the full range of contributions to a marriage, providing appropriate protections to each party while reducing the damage to the marriage a lopsided agreement can cause.
Couples with an extraordinary relationship have invested money and time in the right ways to build a life together. Develop important tools and structures to create an unbreakable union that can weather any challenge.
Couples anywhere in the world can work to create a Conscious Family™ Contract via online teleconference with an attorney/mediator.
If outside of Colorado, parties are advised to hire local counsel to confirm enforceability.
How a Conscious Family™ Contract Can Improve on Traditional Prenuptial Agreements
A more holistic approach to benefit both parties
At Conscious Family™ Law & Mediation, we use a different approach to prenuptial agreements that is more inclusive and looks at more than simply the couple’s finances. Our Conscious Family™ Contract premarital agreement can offer all the protections of a traditional prenuptial agreement, if that’s what the two partners want, but we designed it to go so much further.
Our Conscious Family™ Contract strives to help you create a purpose-driven union with a clear commitment. You can even use it to write your own wedding vows because it helps you hone in on what’s truly essential in your marital relationship. Some of the issues we encourage clients to address in the Conscious Family™ Contract include:
How you plan to develop workable plans for budgeting, savings, and spending (topics that often spark controversy and long-term resentment when not addressed properly)
Evaluating what property will “vest” with the marriage as time goes on
Exploring partnership alternatives outside of monogamous marriage, if both spouses are interested in that
Learning and fostering more effective communication skills
Identifying and neutralizing areas of dysfunction and overlapping issues in the relationship
Obtaining tools for maintaining affinity and utilizing them, even if one of the partners is triggered
Understanding how the Enneagram of personality types provides support in the relationship
Collaborating on agreements about parenting, including potential guardians
Developing a process to use in the event the relationship undergoes a transition
As you can see, the Conscious Family™ Contract is not a static document but rather a roadmap for marital harmony and success. When you go beyond simple financial agreements and worst-case scenarios, you can better cement your union with everyday practices that reflect your beliefs and values. Even if the unexpected happens or you decide to separate, you’ll have a plan in place for dealing with it.
Get In Touch With Conscious Family Firm To Speak With A Prenuptial Agreement Lawyer in Colorado
The most important contract you will ever sign
Our married clients have told us that their Conscious Family™ Contract was the most important document they ever signed. Why leave your marriage to chance when you can tackle many common areas of contention up front, leaving you free to enjoy your relationship?
To learn more, we welcome the opportunity to talk with you. We help couples around the globe with online consultations. We do recommend that if you live outside the state of Colorado, you consult with an attorney in your location to determine the enforceability of your Conscious Family™ Contract. Call Conscious Family™ Law & Mediation today at 303-415-2040, or use our online form to request a free introduction call.
The best wedding present you can give to anyone.
The most important contract you will ever sign.
Postnuptial Agreements in CO
Agreements after marriage vows have been exchanged
Sometimes spouses may want to customize the legal structure of their marriage long after the wedding. In this case, a postnuptial agreement can be created. It is often, although not always, a tool of reconciliation during a challenging time for the couple. But a post-nuptial agreement is different from a “separation agreement” in that it is entered into while the couple is still married and not attempting to divorce. It’s important to note that, to be valid, one spouse can’t coerce the other to sign an agreement under threat of divorce.
A “postnup” can address all the things a prenuptial agreement can. It can specify financial obligations in the present time and in the event of any future separation. You can also address non-financial matters, some of which may be legally binding. Often, the goal is to help both spouses feel safe to continue in the marriage, even in the face of separation later. For example, by knowing something about what the financial picture will look like in the event of separation, each spouse can relax and focus on maintaining or rebuilding a strong connection together.
Just as with prenups, your Conscious Family lawyer or mediator’s job is to step you (and your spouse, if working together) through and talk about each potential area of legal agreement to make sure everyone understands the legal landscape and import of the possible legal provisions. While the financial disclosure requirements between spouses are more limited than in the case of a divorce, if there isn't a clear attachment of disclosures, the agreement may not be enforceable.
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