Revisiting Invalidating and Contesting Marital Agreements with Jim Bailey, Esq. | Episode 108

With divorce rates on the rise, more and more couples are electing to sign a prenuptial agreement before walking down the aisle. Recently the celebrity world has seen its fair share of drama when it comes to enforcing prenups… from Dr. Dre’s ex wife ripping up the document and claiming more than $2 million in spousal support, to Kanye West challenging the validity of his prenup in his divorce with Kim Kardashian. 

So, what actually happens when a prenup needs to be enforced? What do attorneys look for to determine if a prenup is valid or not?

This week, we revisit our conversation with Jim Bailey, one of Denver’s premier divorce lawyers and family law experts to discuss what he looks for in marital agreement documents to determine the validity of them.

Highlights From This Episode:

• Particular language attorneys look for in a marital agreement
•  Why the year a prenup was drafted matters in the state of Colorado
•  How attorneys determine if the negotiation process was sufficient and voluntary
• Role of a consultant for another attorney in determining the validity of a prenup
•  What happens with a divorce in another state
• What happens with an instate divorce with an out of state marital agreement
• Oral marital contracts and if they are enforceable in the state of Colorado

 About Jim Bailey

Jim was born and raised in Denver, Colorado. Jim has written a number of articles on legal issues and was also a Legislative Review Writer, Volume 21, Pacific Law Journal and co-author of the Colorado Continuing Legal Education publication on Marital Agreements. Jim graduated from the National Institute of Trial Advocacy and is now a member of the faculty of that distinguished organization. Jim is a member of the Colorado Trial Lawyers Association and the Faculty of Federal Advocates, and also a member of the Legislative Committee, Family Law Section and Probate Section of the Colorado Bar Association. His practice concentrates on litigation, with an emphasis in family law and commercial matters. In addition, Jim has a substantial appellate practice.

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 injury, 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 info@kalamaya.law.

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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.