Considering a prenup in Colorado soon? Congrats! But, you may have some questions about how to start the prenup process. First off—do you need to hire a lawyer? What if just one of you hires a lawyer? Can you share one? What if one person needs to cover the legal fees? These are common questions that have simple answers in Colorado. Let’s get into everything you need to know about the lawyer requirement for Colorado prenuptial agreements.
Do you need a lawyer to create a prenup in Colorado?
No, a lawyer is not a prerequisite to a valid and enforceable prenuptial agreement in Colorado. According to CO Rev Stat § 14-2-309, only “access” to a lawyer is required. This means both parties must have the time to choose their own attorney, receive advice, and consider that advice in order to have access to an attorney, but they don’t actually need to hire one. For example, you shouldn’t spring the prenuptial agreement upon your partner the day of the wedding—this doesn’t give them enough time to hire a lawyer if they want one. They need “access” to legal counsel which means they need enough time to hire one if they want one.
Can just one person hire a lawyer for the prenuptial agreement?
Yes, it is okay for only one person to hire a lawyer for a Colorado prenup, as long as the other person (without an attorney) had adequate “access” to a lawyer according to CO Rev Stat § 14-2-309. This means they had enough time to secure a lawyer and take their advice before the wedding. However, it is often recommended that both parties have lawyers and some lawyers will not work with clients whose fiancé’s do not retain counsel for liability reasons. Bottom line? One person may have a lawyer for a prenup while the other does not as long as the other person isn’t rushed into signing it and has enough time to get a lawyer if they do want one.
Can we share a lawyer?
No, a couple cannot share a prenuptial agreement attorney. This is a question of ethics— one attorney cannot adequately and zealously advocate for their client if they are representing two parties to the same contract. For example, imagine if one person would benefit from waiving alimony, whereas the other person would benefit from not waiving alimony—it would be difficult (if not impossible) to advocate for both people at the same time in this scenario. Bottom line? Don’t share a prenup lawyer in Colorado.
Can one person pay the fees for the other person’s prenup lawyer?
Yes, according to CO Rev Stat § 14-2-309(2)(b), one partner is legally allowed to pay for their fiancé’s attorney when drafting a prenuptial agreement—as long as the arrangement ensures true independence. The receiving party must have the freedom to choose their own lawyer and be given enough time to find, meet with, and consider that lawyer’s advice. In other words, one party can pay for their partner’s prenup fees, but the person receiving money must not be pressured into hiring one specific attorney or pressured in any other way.
Can you write your own prenup in Colorado?
Yes, there is no law stopping you from writing your own prenup and having it enforced in Colorado. You still need to follow the legal requirements laid out by the Colorado Premarital and Marital Agreement Act, but as long as you do that—you’ll be well on your way to a valid agreement. For example, if you write your own agreement, you’ll still need to provide adequate financial disclosure, include a plain-language notice of waiver of rights in the document, and ensure both parties have access to a lawyer if they want one. This may be difficult to do without the precision of a family law attorney in Colorado, so it’s often best to hire one or use a state-compliant platform like HelloPrenup.
What does a prenup lawyer do?
When you hire a prenup lawyer, they will either draft the agreement for you or review an already drafted agreement. They will also make suggested changes to the document in order to meet your unique needs and negotiate these changes with your partner’s attorney. A prenup lawyer will also answer any questions you have and explain the contract language to you. This ensures you are fully understanding of what you’re signing and expected to comply with. Finally, prenup attorneys ensure your agreement is state-compliant and has the best chances of success in court if ever challenged one day.
The bottom line on the lawyer requirement for a Colorado prenuptial agreement
There you have it folks—parties do not need to hire a lawyer to have a valid prenup in Colorado. In addition, one party may have a lawyer (even though the other party doesn’t), but the parties cannot share one attorney to give both advice. And if person wants to cover the expenses for the other person’s prenup lawyer, they can, as long as they don’t coerce the other person into hiring a particular lawyer. At the end of the day, while legal representation isn’t mandatory in Colorado for a prenuptial agreement, it’s often the smartest way to ensure both parties understand their rights—and that the agreement holds up in court.
Nicole Duncan is a lawyer and founding partner at Duncan Family Law. She earned her Doctor of Law (J.D.) from Whittier Law School and is licensed to practice law in California and Colorado. Nicole has an International Law certification from King’s College London and graduated with a Bachelor of Business Administration degree from USC Marshall School of Business.
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