Denver Prenuptial and Postnuptial Agreements

What Makes a Marital Agreement Valid and Enforceable in Colorado?

Colorado law requires that a prenuptial or postnuptial agreement be “reasonable” for a judge to consider it valid and enforceable. 

A Colorado marital contract must not:

• Violate legal rights
• Violate laws related to bigamy and domestic violence
• Waive any marital right
• Prevent or penalize a victim of domestic violence for reporting it to the police or seeking legal help
• Penalize the spouse petitioning for divorce
• Include any illegal, immoral, or unconscionable act

Both spouses must willingly enter the marital contract. If a spouse can prove the other party coerced them into signing it, a judge will not consider the contract valid and will not enforce it.

Both parties must have sufficient time to carefully review the contract before signing it. They must fully disclose finances, debts, and assets. The prenuptial or postnuptial agreement must be in written form and signed by both parties. 

A prenuptial agreement is effective as soon as the couple is officially married, and a postnuptial contract is effective upon signature by both parties unless stated otherwise.

What Can You Include in a Prenuptial or Postnuptial Agreement?

Colorado is a marital property state rather than a community property one. This means that any property and debts you and your spouse acquired while married must be divided equitably if you opt for a divorce, a legal separation, or an annulment. A valid prenuptial or postnuptial agreement can typically supersede the state law for the division of marital assets.

You can include provisions for the following assets in your marital contract:

• Personal property
• Bank accounts
• Debts
• Motor vehicles and boats
• Art collectibles
• Pets
• Stock options
• Business interests
• Stock options
• Retirement accounts

If you are unsure whether a marital contract can include a specific matter, you can ask a family law attorney. This way, you get a clear understanding of what to incorporate into your prenuptial or postnuptial agreement to effectively secure your future. 

What Is Not Allowed in a Colorado Marital Contract?

Colorado prohibits prenuptial and postnuptial agreements from including provisions about certain matters, which should be left to a judge to address if the marriage ends. 

You cannot address the following topics in your marital contract:

• Child custody
• Child support

A judge may also review any provisions you have for spousal maintenance in your marital contract. They may choose not to enforce these parts of your agreement if the court considers them unfair.