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The Role of Attorneys in Crafting Effective Prenuptial Agreements

The Role of Attorneys in Crafting Effective Prenuptial Agreements

Are you planning a wedding?

You may be dreading divorce stories of messy, years-long proceedings that cost tens of thousands of dollars. Recent statistics show that 47% of engaged couples are now investing in prenuptial agreements to protect themselves.

Here's the thing…

Planning a prenup is not just about protecting assets, it's about communicating before the big day. And attorney services are vital for creating an effective prenuptial agreement.

But most people have no idea how a prenuptial agreement works. They think a form or template is enough. That is a big mistake that could cost you your life.

You may wonder what professional legal help is going to do to help. 

Why DIY Prenups Are A Recipe For Disaster

Forms seem like a cheap and easy solution. Ask yourself a question though, when was the last time you saw a car accident DIY mechanic?

If you don't know what you are doing, you are going to make mistakes, and you could cause yourself some serious damage.

But here's what most people don't realize:

A prenuptial agreement is not a simple contract. It is a legal document that must adhere to very specific state laws. An agreement in California may be invalid in Colorado.

Couples who try to do their own prenuptials, end up making serious mistakes that render the whole agreement unenforceable. Hidden assets, failure to disclose, lack of legal counsel…any one of these problems could invalidate a prenuptial agreement in a court of law.

Professional Colorado attorneys know state laws and how to meet all legal requirements. They know what must be disclosed, how to structure the terms, and how to make every part enforceable.

The worst part about DIY prenups is that the couple does not even know it is invalid until it is too late. Now they are in the middle of divorce proceedings and are experiencing the financial nightmare they were trying to prevent.

The Hidden Costs Of Skipping Professional Help

Wait until you see what it costs to divorce without a prenup. Many people do not want to invest in professional legal help but do not want to hear the consequences.

Recent statistics show that average prenup cost is $8,000 per couple when drafted by professional attorneys. Does that sound like a lot to you? Well, then, you are in for a surprise…

The average uncontested divorce runs you from $15,000 to $20,000. Contested? Well, those costs run into hundreds of thousands of dollars in legal fees alone.

Without a valid prenuptial agreement, you could lose half of your retirement savings, business ownership, real estate investments, family inheritances, etc.

Professional attorney services do more than help draft the initial agreement. They work with you over the life of the agreement to make modifications and protect your interests.

What Makes A Prenup Actually Enforceable

Not all prenups are created equal. Courts throw out poorly-drafted agreements all the time.

For your prenuptial agreement to stand up in a Colorado court, it has to meet the following criteria.

  • Full financial disclosure from both parties. Every single asset, debt, and income must be disclosed on paper. Courts will throw out a prenup if you are not 100% transparent about your finances.
  • Independent legal counsel. Both spouses need their own attorney. Sharing a lawyer is a red flag to a court.
  • Reasonable terms that are not unconscionable. You cannot leave a spouse destitute or add in terms that go against public policy.
  • Proper execution and timing. The agreement must be signed at least 7 days before the wedding and executed in accordance with state law.
  • Voluntary signing. No threats, duress, or pressure can be applied when obtaining the signatures.

Professional attorneys make sure that each of those is addressed, explained to you, and checked off. They walk you through the whole process and make sure you sign on the dotted line.

How To Choose The Right Legal Team

Having the right attorney on your side can make all the difference.

Here are a few things to look for:

Experience

Not every family law attorney is going to be an expert on prenuptial agreements. You want someone who drafts them often and who stays up to date with recent legal changes.

Ask your attorney how many prenups they have drafted in the past year. Industry statistics have shown that the average family attorney only has drafted 20 prenuptial agreements. You want to look at the higher end of that scale.

State Specificity

Colorado has its own set of laws and case law that applies to prenuptial agreements. The attorney you choose must be licensed in Colorado.

Your attorney should have an in-depth understanding of your state's requirements and know the recent case law that could impact your agreement.

Transparent Pricing

Legal fees can skyrocket if you let them. The best attorneys are upfront with their prices so that you know what to expect from the beginning.

Some attorneys use hourly rates (average $150 – $500/hour). Others offer flat fee packages. Get everything in writing, including what services are included.

The Attorney's Role Beyond Drafting

People think the attorney's role is just writing up some paperwork and then sending them off.

Wrong.

Professional attorney services will include:

  • Your attorney will sit down and first talk to you to find out your unique situation and goals. They will explain prenup laws and how they specifically apply to you.
  • Professional drafting goes way beyond just filling out a form. Your attorney will customize every provision based on your specific circumstances and Colorado law.
  • Life happens, and circumstances change. If the two of you have children, or you start a business, you may need to make modifications to the original agreement. Professional attorneys can help you make those changes.

Common Misconceptions About Prenup Attorneys

There are a few common misconceptions out there that can prevent couples from getting proper legal help.

  • "Prenups are only for the rich"… WRONG. They are increasingly common among middle-class couples who want to protect retirement savings and clarify financial ground rules.
  • "Attorneys make the whole process adversarial"… ACTUALLY THE OPPOSITE IS TRUE. Good prenup attorneys help couples have better communication and find win-win solutions.
  • "We can add attorney review later"… BY THEN, IT'S TOO LATE. Courts will not enforce an invalid prenup just because you got legal counsel down the road.

Wrapping It Up

Prenuptial agreements are no laughing matter and should never be left to chance.

With nearly half of all couples now investing in prenuptial agreements, attorney services have become essential for safeguarding your financial future.

Professional legal services are more than just drafting documents, they are about making sure your agreement will stand up when you need it most. The $8,000 average cost for professional prenup services pales in comparison to the hundreds of thousands you could lose when divorcing without one.

Don't make the mistake of thinking you can handle this on your own. Seek out experienced attorneys who are well versed in your state's laws, offer transparency in pricing, and who will guide you through the entire process.

Your future self will thank you for the legal protection you secured today.

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