Five Tips for Drafting a Premarital Agreement with Elizabeth Hardman | Episode 172

Top 5 Tips for Anyone Considering a Premarital AgreementIn this episode of Divorce at Altitude, Ryan Kalamaya is joined by senior associate Elizabeth Rose Hardman to discuss the top five tips for anyone considering a premarital agreement in Colorado. Unlike prior episodes that focused on the litigation risks and challenges to prenups, this conversation highlights the practical benefits of premarital agreements and how they can create clarity, certainty, and financial understanding before marriage.Ryan and Elizabeth explain that a premarital agreement is more than just a divorce planning tool. It can also help couples have important conversations about finances, property, expectations during marriage, and what happens in the event of death. They emphasize that the process of negotiating a prenup often forces couples to address financial issues they may not otherwise discuss, including how expenses will be handled, whether one spouse may step back from work, and how separate assets and future appreciation will be treated.Episode HighlightsWhat a Premarital Agreement Does Ryan and Elizabeth explain that a premarital agreement can define financial rights and obligations during marriage, upon separation, or in the event of divorce.Why Prenups Can Help a Marriage The discussion highlights how premarital agreements encourage honest conversations about finances, expectations, and future planning before the marriage begins.Exchange Full Financial Disclosures A valid prenup requires both parties to fully disclose their assets and debts, including supporting documents and updates if circumstances change before signing.Both Parties Should Have Legal Counsel Independent attorneys for both sides help reduce the risk of later claims that one party did not understand the agreement or was unfairly pressured to sign.Make the Agreement Fair Ryan and Elizabeth stress that a one-sided agreement is much more likely to create future problems, while a fair agreement is more likely to hold up if challenged.Practical Record-Keeping Matters Elizabeth recommends saving the final signed agreement, all disclosures, and related drafts in multiple secure locations so they can always be located later if needed.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.