Colorado Prenuptial Agreement

Executing a prenuptial agreement in Colorado

Colorado law permits the creation of a prenuptial agreement between a couple in advance of their marriage. Typically, a prenuptial agreement is desired by the partner in a couple intending to marry who possesses more assets or income at the time of the marriage, a disparity expected to exist into the future.

Function

The function of a Colorado prenuptial agreement is to determine how the division of assets or property will be undertaken should the parties divorce or seek a legal separation. The purpose is to protect the assets of the spouse who brings more property and income into the marriage, but also to ensure that the other spouse obtains fair financial considerations in the event of a divorce.

Requirements

Colorado law requires a prenuptial agreement to be in writing. Both parties must make full and complete disclosure of their assets before entering into a prenuptial agreement. The law requires that both parties voluntarily execute the prenuptial agreement, understanding the content of the contract.

Prohibitions

Agreements regarding custody, visitation, financial support or anything else regarding children cannot be part of a prenuptial agreement. This includes any agreement regarding a child the couple might have before they marry. If a couple includes provisions regarding issues pertaining to children, those provisions will be determined invalid.

Amendment

Amendments to a Colorado prenuptial agreement are possible. Colorado law permits amendments to the agreement either before or after the couple marries. Any amendment to the prenuptial agreement must be in writing and signed by both parties.

Expert Help

Preparing a legally binding prenuptial agreement consistent with the requirements of Colorado law is challenging. Your interests likely are best served if you retain the services of an experienced attorney to prepare your prenuptial agreement. The Colorado Bar Association maintains a directory of attorneys in different practice areas. Contact the organization at:

Colorado Bar Association
1900 Grant St.
9th Floor
Denver, CO 80203
303-860-1115
http://www.cobar.org/

References

• Colorado Divorce & Family Law Guide: Prenuptial Agreements
• U.S. Legal: Colorado Premarital Agreement Law
• MedLawPlus.com: Premarital Agreements--State by State (including Colorado)

Resources

• Colorado Bar Association