Prenuptial Agreement to Acknowledge you have been Advised by an Attorney before Marriage
Full Question:
In Colorado , is it necessary for the parties to have a prenuptial agreement to acknowledge that they have been advised and represented by an attorney?
04/28/2009 |
Category: Marriage ยป Premarital A... |
State: Colorado |
#16270
Answer:
The court will consider whether each party had separate counsel to advise them. While this is not required by the Marital Agreement Act, Colorado courts have often considered the issue of separate and independent counsel. While an agreement where both parties did not hire
counsel is not necessarily invalid, the lack of legal representation may make it more likely for the court to find an agreement is unfair and not knowingly enterred into by the unrepresented party. A prenuptial agreement will generally be enforceable as long as both parties have
made fair and reasonable disclosure of their finances and have entered into the agreement voluntarily.