Swoosh, swoosh, swoosh – can you hear that? It’s the exhilarating sound of you carving the slopes in beautiful Breckenridge, all while knowing your assets are well protected by a thoughtfully crafted prenup. Welcome to the vibrant city of Denver, Colorado! And congratulations on your engagement; it’s an exciting time, indeed. If you’ve found your way to this article, it means you’re either in search of a reliable prenup lawyer or seeking info on prenups in general. Bravo for being proactive!
So, let’s get started! We’re here to provide you with the essential information about prenup lawyers in Denver, the ins and outs of Colorado’s prenup laws, and everything else in between. Think of it as preparing for an epic adventure – just like skiing down those snowy mountain slopes. So, let’s hit the trail and explore the world of prenups in the Mile High City!
Do I need a lawyer in Denver to make a prenup?
Technically, you do not need to hire a lawyer to create a prenup in CO, but they certainly help your case if it’s ever challenged one day. In Colorado, the law says that a person simply needs access to a lawyer, but they don’t necessarily need to HIRE one. Wait–what? The act of hiring a lawyer isn’t required, but having enough time and resources to get one is required. Let’s break down what the law says in depth.
According to Colo. Rev. Stat. Section 14-2-309, “having access to a lawyer” means:
- You must have enough time to decide if you want a lawyer to help you.
- You should have enough time to be able to find a lawyer, get their advice, and think about what they say.
- If the other partner has a lawyer and you can afford one, or if the other person agrees to pay for your lawyer
What does this mean in real life? It means you need to give you and your partner enough time to hire a lawyer (no springing a prenup on your partner last minute), and having the resources to pay for a lawyer, whether through your partner or your own means. What it does NOT mean is that hiring a lawyer is a necessary requirement for a prenup to be enforced, just that you had the opportunity to hire one.
One more important aspect to know in Colorado is that if you decide not to hire a lawyer, you need to have specific language in your prenup that says you understand your rights. The exact language required is:
If you sign this agreement, you may be:
- Giving up your right to be supported by the person you are marrying or to whom you are married.
- Giving up your right to ownership or control of money and property. Agreeing to pay bills and debts of the person you are marrying or to whom you are married.
- Giving up your right to money and property if your marriage ends or the person to whom you are married dies.
- Giving up your right to have your legal fees paid.
(See Colo. Rev. Stat. Section 14-2-309 for more details)
If you are using HelloPrenup for your Colorado prenup, don’t worry, we’ve got you covered on this language!
What do prenup lawyers do?
So, what happens when you hire a prenup lawyer? Are you simultaneously hiring a divorce lawyer? The answer to that is a big fat NO! People often conflate “divorce lawyers” with “prenup lawyers” and that couldn’t be farther from the truth. Some prenup lawyers don’t even practice divorce! A prenup lawyer is someone you hire to facilitate a long-lasting marriage, not anticipate divorce. Prenup lawyers have four main roles when you hire them:
- (1) Understand your goals and needs
- (2) Draft your agreement in compliance with the laws
- (3) Negotiate the terms on your behalf
- (4) Answer your questions
Understand your goals and needs
A prenup lawyer will sit down with you and ask you questions about your finances, your prenup goals, and your relationship. The answers to these questions will help shape the prenup agreement itself. For example, if one of your goals is to become a stay-at-home mom one day, your prenup lawyer will take that information and recommend different clauses to you that would support a stay-at-home parent in the event of a divorce or the death of a spouse.
Draft your agreement in compliance with the laws
Once your prenup lawyer has an excellent understanding of your finances, your goals, and your relationship dynamic, they will draft your agreement. This entails creating a contract that applies specifically to your situation. They will include clauses that benefit you and make sense for your goals. The agreement should be in line with all of the laws in your state (Colorado). After drafting the agreement, they will send it over to your partner’s lawyer for review.
Negotiate the terms on your behalf
When your partner’s lawyer receives the agreement, it’s likely that they’ll have some changes to add. This is called “redlining” (when a lawyer puts “red lines” on the contract showing their suggested changes). The two lawyers will go back and forth with negotiations until you and your partner are satisfied with the result. With HelloPrenup, the negotiations are done between you and your partner privately. You only need to loop in a lawyer if you cannot come to an agreement yourselves.
Answer your questions
A prenup lawyer is there to answer your questions, of course! Whether it’s “what happens if we get a divorce?” or “should I include an spousal maintenance waiver?” Your lawyer has you covered. They will give you legal advice, recommend best practices, and tell you about their experience with similar situations.
Why should I hire a Denver prenup lawyer?
Since you don’t technically need to hire a lawyer to get a prenup in Denver, you may be wondering what’s the point–why hire one? Well, we’re here to tell you there are tons of benefits to hiring a lawyer. It’s like paying for a ski instructor when hitting the slopes–it adds an extra layer of expertise, protection, and peace of mind, ensuring your interests are well-navigated and safeguarded in this important legal matter.
If you’ve got legal questions, then your lawyer has answers! Who better to ask your burning prenup questions than a prenup lawyer themselves? Whether you’re unsure if you should waive spousal maintenance or if you’re just curious what other couples do in your situation, you can get those answers from your lawyer. Not only that, but they know the law well. They should be able to craft you a prenup that complies with all of Colorado’s requirements.
In Colorado, there’s a requirement to “have access” to a lawyer. It basically means you’ve got to have the means and opportunity to get yourself a lawyer, though it doesn’t necessarily mean you have to hire one. Having a lawyer by your side creates a layer of legal protection by showing that you’re ticking all the boxes to meet Colorado’s legal standards for enforceable agreements.
Peace of mind
Let’s face it–having a lawyer on your side is like having a warm and fuzzy on a cold Denver night. It’s all about that peace of mind. With a lawyer’s expert eyes on your agreement, you can sign on the dotted line with confidence, knowing you’re making an informed choice and following top-notch recommendations.
How do I find a good prenup lawyer in Denver?
Ah, the elusive Denver prenup attorney – where do you even begin the search for one of these mythical creatures? Is it as simple as picking the first name that pops up on Google? Well, it could be, but we’ve got a few nifty tips and tricks up our sleeve to help you find the perfect match for your needs. Let’s unravel the mystery of locating the ideal prenup attorney in Denver, CO!
Tip #1: Ask your network
Ask around. Ask friends, family, coworkers, neighbors, you name it. What better way to vet an attorney than through a trusted person in your inner circle? Things you can ask are:
- What was their communication style like?
- How quickly did they respond to you?
- How long did it take to draft your agreement?
- How much is their hourly rate?
Tip #2: Check out the Colorado Bar Association
There’s a helpful little organization known as the “Colorado Bar Association.” It’s a professional organization for Colorado attorneys and the Colorado public. It provides various legal services, and one of those services is looking up CO licensed attorneys. You can search for CO attorneys, in your area (Denver), in the area of law you are seeking out (family law, prenups).
Tip #3: Check online reviews
Think of it this way – you wouldn’t stroll into a Denver craft beer brewery without first checking out those Google reviews, would you? Well, the same goes for when you’re looking for a Denver prenup lawyer. You’ve got a ton of ways to look at reviews–Google and Avvo are two great places to start. Dive in and explore the reviews, the good, the not-so-good, and (hopefully) steer clear of the downright ugly ones! So, pour yourself a cold one and get to reading those reviews!
Tip #4: Set up free consultations with multiple attorneys
Did you know many Denver attorneys offer free 15-minute consultations? It’s a way for you to ask light, preliminary questions to your future attorney and get to know them on a personal level. As the Gen Z-ers would say, “Do they pass the vibe check?” You can find out with a few consultations!
Denver prenup lawyer cost vs. HelloPrenup cost
So, how much money can you expect to shell out for a Denver prenup attorney? Well, that depends. How complicated are your assets? How intricate are the requests you are making for your prenup? Will you have a lot of negotiations between you and your partner? How experienced is the lawyer you’re going to hire? All of these questions will play a role in the price of your prenup. In Denver, the average hourly rate for a lawyer is $261 per hour. If your prenup takes your lawyer, say, approximately 12 hours from start to finish (e.g., 2 hours of meetings with you, 2 hours of drafting the agreement, 4 hours of negotiations, 4 hours of questions and finalization), then you’re looking at an average prenup cost of about $3,132 (12 hours x $261 per hour).
Never fear, HelloPrenup is here! HelloPrenup comes in to save the day with an affordable and easy prenup platform. You can get a state-compliant prenup in under two hours for just $599 per couple. If you’re still craving the expertise of a real lawyer, we’ve got you covered for that, too! In select states, you can elicit the services of real attorneys through the HelloPrenup platform for flat, discounted rates. Check our website to see if legal services are available in your state!
What are the requirements for a prenup in Denver?
Curious about what it takes to make a valid and enforceable prenup in Colorado? Well, think of it a bit like brewing a delicious craft IPA beer – it involves specific ingredients and a unique process. And remember: prenup rules are set at the state level, not by individual cities, which means that whatever requirements the state sets apply to all cities throughout Colorado. With that said, let’s dig deeper into the prenup requirements in CO.
We’ll start with the basics: putting the prenup in writing and signing it is a must. A verbal agreement or a written contract that wasn’t signed will not be upheld as a valid agreement in CO (as is the case in virtually all states). In addition, the parties need to enter the agreement voluntarily (no force should be involved) and the parties should have access to legal counsel. We go into detail about access to counsel in a section above, but we’ll give you another quick summary here. Having access to legal counsel means each person has the means and reasonable time to get a lawyer, but doesn’t necessarily mean that they have to hire one! And if you don’t hire one, you must sign off on specific language acknowledging what rights you are giving up.
Another important aspect of a Colorado prenup is financial disclosures. Both parties to a prenup must share their finances with one another (debt, assets, income, future inheritances, you name it). And finally, prenups should not include child support clauses, clauses violating public policy, clauses limiting a person’s right to domestic violence remedies, or any other unlawful clauses.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]