Colorado Prenup Info

Prenuptial Agreements in sunny Colorado

Colorado subscribes to a version of the Uniform Premarital and Marital Agreements Act (listed in the Colorado Revised Statutes as Title 14, Article 2, Part 3), and provides criteria that must be fulfilled in order for a prenup to be valid in the state. The Colorado statute also includes guidance about what general rights can be addressed and contracted to in a Colorado prenup. You can read the full text here.

Enforcement of a prenup in Colorado:

Colorado Revised Statutes Sections 14-2-307 and 14-2-309 state that premarital agreement will not be enforced if there is proof of any of the following:

• The agreement was signed under duress or coercion
• One party was prevented from seeking the advice of independent legal counsel before signing
• One party fraudulently concealed financial information
• The agreement is unconscionable. So, what is unconscionable? Well, it is tricky to pinpoint, because unconscionability is decided by a judge on a case-by-case basis. If an agreement is deemed unconscionable, then the result could an entire agreement being voided as a whole, or individual provisions being stricken.

Enforceability of your Colorado prenup

Prenuptial agreements in Colorado can address a wide range of different topics that could affect each individual’s finances and property in the event of a divorce.

Courts will often accept and enforce agreements that outline the following:

• Couples may define which assets that should be considered “separate property,” including a closely held business or premarital assets
• Couples may define how those assets may be divided, or not in the event of a divorce

• Choosing to waive or decide on spousal support
• Detailing which debts should be considered marital debts and which debts should be the sole obligation of one spouse
• Consulting with or hiring an attorney is always a good idea if you have legal questions, want legal advice or representation. 

Unenforceable provisions in a Colorado Prenup

Under Colorado law there are certain types of provisions that will not be enforced, (detailed in C.R.S. § 14-2-310) and include:

• Provisions that attempt to waive the right for child support
• Attempt to contract away custody
• Would force one party to perform illegal, immoral or unconscionable acts
• Prevent a victim of domestic abuse from seeking legal help or a divorce to end the abuse or violence
• Anything that violates public policy

Colorado Prenup Terminology

Official name for a prenup: Premarital Agreement

Property that is not marital: Separate Property

Property that is of the marriage: Marital Property  

Support: Spousal Maintenance