Colorado Annulment, Separation and Marital Agreements
Is your marriage over? Are you researching alternatives to divorce? Unfortunately, there are few and the concepts of legal separation or annulment do not apply in most cases. If you signed a marital agreement — a prenup or postnup — how could this affect your options?
The grounds for annulment in Colorado are narrow. The few situations might include lack of mental facility needed to consent, marriage based on fraud or threats, underage parties who didn’t obtain parental consent or inability to consummate the marriage.
We get more questions about legal separation. Separation is basically handled the same as divorce, but it will not formally end your marriage. If you ever want to marry again, you would have to go back and seek a divorce.
Is Legal Separation Ever A Good Idea?
Rarely is there a reason to file for legal separation. That being said, each relationship has unique dynamics. When the separation is relatively amicable, you and your spouse may be able to work out an arrangement to keep a spouse on health insurance. Religious concerns may be another reason you would seek a legal separation.
Will A Marital Agreement Limit Your Options?
This is a harder question that will depend on your situation. All too often, mistakes are made in the drafting and finalizing of prenuptial or postnuptial agreements.
At Kaplan Law L.L.C., we can review any marital agreement and advise how it could impact your divorce. These contracts are rarely airtight. This can dovetail with another aspect of our practice — legal malpractice. If another attorney made a serious error that leaves you financially exposed there could be remedies.
It is always best to get legal advice as soon as possible when you make the final decision to end a marriage. Our lawyers can answer any timing questions related to filing and explain the process.
Consult A Denver Family Law Lawyer
If your marriage is over, contact one of our attorneys to discuss what legal strategy might best accomplish your goals. Our attorneys can explain the differences between divorce and separation in more detail. After reviewing your prenuptial or postnuptial agreement, we can explain how a marital agreement might affect your options.