Before you get married, it’s important to remember the legal end of marriage. Attorneys with experience in marital agreements can help you successfully write agreements to protect you and your assets. These can include:

  • Prenuptial Agreement
  • Probate Agreements
  • Postnuptial Agreements

In Colorado, Caplan and Earnest LLC is one of the leading mid-size law firms with a group of specialized estate-planning attorneys that can help you write the appropriate marital agreement to meet your needs.

Types of Marital Agreements


Prenuptials are agreements that partners enter into before getting married in preparation for the possibility of divorce or death. Prenuptials most often set terms for the treatment of:

  • Future earnings
  • Mutually owned property
  • Children from a previous relationship
  • Assets

People who most commonly look to establish a prenuptial agreement are those who:

  • Have children from a prior marriage
  • Potential large inheritances
  • High incomes
  • Or those who simply want more legal protection


Probate agreements come into light usually when one partner passes away. If he or she had both a will and a prenuptial agreement, the question then becomes: Which document trumps the other? In some cases, when a partner dies and leaves an inheritance to his or her spouse, if they signed a prenuptial agreement, that agreement has the potential to block the surviving spouse from receiving the inheritance.

A probate attorney can help people plan for this potential situation by crafting a prenuptial agreement that is legally clear how an inheritance would be handled in the event of the death of one partner.


Postnuptials are agreements that partners enter into after getting married. The purpose of a postnuptial agreement is the same as a prenuptial agreement, to protect the partnership in the event of a divorce or death. A postnuptial agreement is just entered into during marriage, not before.

Factors to Think About

The attorneys at Caplan and Earnest LLC help clients with both prenuptial and postnuptial agreements. Before a new client begins working with an attorney to craft either agreement, he or she should think about:

  • All of both partners’ assets and debts
  • The current spending habits of both partners
  • Both partners’ expectations on how property and other details should be handled in the case of divorce or death
  • Discuss how each partner would ideally like to handle inheritances
  • Discuss death benefits and what is or will be in each partner’s will

Once a new client discusses these details with his or her spouse, an attorney can begin working on the marriage agreement.

If you live in the Boulder, Denver or Fort Collins, Colorado area and require help drafting either a prenuptial or postnuptial marriage agreement, please contact Caplan and Earnest LLC. Our Boulder attorneys can effectively and efficiently work with any client and their individual situation, no matter how complicated.