Marital Agreements

Arapahoe County Estate Planning Attorney

Marital agreements (also known as premarital agreements and prenuptial agreements) typically become important under the following legal circumstances: in the event of divorce, in trust settlement and with probate proceedings. When a married couple has a prenuptial agreement in place they can be secure in knowing that the decisions they have made together regarding the distribution of their assets will be enforced, even if they pass away. If a married couple does not have a marital agreement in place, state and federal law can interfere with their intentions. However, this will not occur when the couple creates and signs a marital agreement, either before or after the marriage.

A marital agreement clearly outlines the agreement of each spouse to the rights they have in the other spouse's property; when one spouse dies, a properly drafted marital agreement will supersede state law and will ensure that the surviving spouse and the estate of the deceased spouse (often including children from prior marriages) will each enjoy the benefits that the couple agreed to ahead of time. If your spouse has recently passed away and you have a martial agreement in place, do not hesitate to contact The Law Office of Steven R. Owens, P.C.

In addition, it is not uncommon for the couple to establish a trust in connection with the marital agreement in order to protect each party's assets. With a trust in place, when one spouse dies, the trust and marital agreement will ensure that the couple's wishes are respected.

When a spouse dies intestate (without a will) but has a marital agreement, then the probate court will distribute the assets according to the terms outlined in the prenuptial agreement.

We Can Help You

If you would like to ensure that you and your spouse agree on and control the distribution of your respective assets, and are not at the mercy of state law, you will want to create a marital agreement and you should call the Arapahoe County estate planning attorney from our firm today at (303) 536-5579!