We recently received a telephone call from someone who wanted a post-nuptial agreement that would “hold up in court,” but where there were no financial disclosures to the attorney. The caller was unhappy when we explained that he had to provide financial disclosures. In Colorado, by case law and statute, marital agreements will not “hold up in court” if the person seeking to enforce them has not made full and fair financial disclosures to the other party.
It is important that clients understand that lawyers do not have magic wands that allow their clients to accomplish whatever goals they have irrespective of the legal requirements. The smart client consults with lawyers early on to discuss their goals, whether those goals can reasonably be accomplished and the steps necessary to do so.
Having reasonable expectations of what the lawyer can accomplish and making plans in accordance with those expectations, is the key to making the system work for you.