Creating a prenuptial or postnuptial agreement that takes care of some of the financial aspects of a marriage doesn’t have to kill the romance of a relationship. In fact, it shows that both parties care about their financial well-being, while being prepared for any scenario that may arise. Whether it be an agreement before the marriage (a prenuptial agreement) or an agreement that is established by a couple that is already married (a postnuptial agreement), an experienced marriage attorney like Lewis & Matthews can help you through each step of the process.
Colorado Common Law Marriage
In Colorado you don’t have to obtain a marriage license to be legally married. If you are eligible to be married (i.e.; age of majority, not married to anyone else, mentally capable) then the court looks to a three-prong test to determine if the couple is married under common law. There is no waiting period in Colorado to be married under common law.
Three Prong Test for Common Law Marriage in Colorado
Does the couple:
- Hold themselves out as married
- Have the intent to be married
Evidence of Common Law Marriage in Colorado
The court will hear evidence from both parties and decide as a matter of fact if the couple is married under common law. Some of the evidence that may be presented to prove a common law marriage includes:
- The filing of joint tax returns
- Key documents that list the parties as spouses including medical insurance and/or household bills
- The parties are listed as spouses on the title to assets
- Testimony of witnesses
- Testimony of parties
When you choose Lewis & Matthews to represent you as a marriage attorney, we will present evidence and represent your interests in court. Ultimately the judge will look at all the evidence and decide if the three-prong test has been met. If so, the couple will be considered married under the law in Colorado. If the couple wishes to no longer be married, they will have to dissolve their marriage in the same way a couple would if they were formally married under state law. Having an experienced postnuptial agreement attorney walk you through this process could mean the difference in thousands of dollars saved or lost.
If you feel that you may be married under common law and are contemplating a divorce proceeding you can review information on Colorado divorce and legal separation and look at why Lewis & Matthews is the right marriage attorney for you.
Here is a testimonial from a former client who’s 30 year same sex relationship split before the civil union bill:
“Dear Leslie and Ken, Over the last 31/2 years, a painful and confusing time for me, you have been my rock and my compass, you listened to my concerns; you patiently answered the hundreds of questions I asked; in preparing me for trial, you lessened my nervousness and strengthened my belief in my case; you pursued a myriad of legal avenues-professional colleagues, experts, the Gill Foundation, and ultimately NCLR- which assured me of your total commitment to blind equality. And finally, I am grateful for the kindness you have shown me. You will never know how much your support and friendship means to me. Thank you from the bottom of my heart.
Contact us for help with Same Sex Marriages in Colorado:
Please feel free to give us a call to get your questions answered about the rights and responsibilities associated with Marriage.
We are also prepared to provide prenuptial agreement attorney services to bring clarity to what you are agreeing to prior to entering a Marriage. Prenuptial Agreements can set out how to deal with separate property and Marital property as well as issues of maintenance (alimony).
This is an exciting time and it is wise to understand what this breakthrough legislation means before you enter into the commitment of Marriage.
Call Jennifer Lewis at 720-606-4457 for a phone consultation.
Review additional Colorado divorce law information by using the links in the upper left or Ask our Colorado Same Sex Marriage lawyers a legal question.