Prenuptial Agreements
Talk about money before the wedding, and put what you decide in writing.
A prenuptial agreement is a written contract two people sign before they marry. It says how they will handle property and debts during the marriage, and if it ends. It can also work with your estate plan, such as what you leave your children. Attorney Daniel R. Klein helps people in Colorado, Arizona, and California put their wishes in writing.
In Colorado
Colorado is not a community property state.
In Arizona
Arizona is a community property state.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Is this you?
- You’re planning to marry, and you own a home, savings, or a business.
- You have children from an earlier marriage, and you want to protect what you leave them.
- You’re marrying later in life, and you want your marriage and your estate plan to fit together.
- One of you has much more property or debt than the other.
What does a prenuptial agreement do?
A prenuptial agreement, often called a prenup, is a contract you and your future spouse sign before you marry. It can say which property stays separate, and how you’ll share what you build together. It can also say what happens to property if the marriage ends or one of you dies.
Each of you should share a full picture of what you own and owe. Each of you should also have your own lawyer read it.
What can’t a prenuptial agreement do?
It can’t take away a child’s right to support, and it doesn’t decide who raises your children. A court decides those things based on what the child needs.
How does Daniel help?
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Listen
Daniel R. Klein learns about you, your future spouse, and your goals.
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Explain
He explains your choices in terms you can understand.
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Draft
We prepare the agreement and send you a draft to read at home.
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Negotiate
We negotiate prenups, too. If your future spouse’s lawyer writes the draft, or the two of you haven’t agreed on the terms, Daniel negotiates them for you.
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Review
Daniel represents one of you. Your future spouse should have their own lawyer review the draft.
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Fit it to your plan
We make sure the agreement works with your will, trust, and beneficiary forms.
Already married? We also prepare postnuptial agreements. These are signed after the wedding instead of before it. Call us to talk about yours.
Does it matter whether we live in Colorado or Arizona?
Yes. Each state has its own rules for property in a marriage. A prenup is written with those rules in mind.
In Colorado
Colorado is not a community property state. But since July 1, 2023, a Colorado law covers couples who bring community property from another state. When one spouse dies, half of that property belongs to the survivor (C.R.S. 15-20-106).
In Arizona
Arizona is a community property state. Property either spouse gets during the marriage generally belongs to both. That can include a home or a business started or bought during the marriage (A.R.S. 25-211). Both spouses must also join in real estate transactions (A.R.S. 25-214).
What should I bring?
- A general idea of what you own and what you owe.
- Any will, trust, or earlier prenuptial agreement or divorce decree.
- Your questions.
Please don’t email private documents, like account statements or medical records. We’ll tell you how to share them safely.
What does it cost?
You’ll get a written quote before any work begins. See how our fees work.
Questions people ask
Is a prenuptial agreement only for wealthy people?
No. Many couples use one when one of them owns a home, a business, or savings, or has children from an earlier marriage. It’s also a good way to talk openly about money before you marry.
When should we start?
Start well before the wedding. Each of you needs time to read the agreement, ask questions, and talk with your own lawyer. Please don’t wait until the last few weeks.
Request a complimentary consultation
Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.
Three short questions.
To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/
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