Colorado Prenuptial Agreement Statute
If an out-of-state marriage or post-marriage contract has no choice of law and the couple ends their marriage in Colorado, Colorado law applies. C.R.S. 14-2-304(1)(b). Marriage contracts aren`t just for celebrities. Prenups, or prenupial arrangements, as Colorado law calls them, are often used by Colorado couples to negotiate rights to money, income, property, and property before marriage, as well as debt liability in the event of separation, divorce, death, or any other chosen event. Marriage contracts can be considered a legal contract that describes the rights and obligations of each party at the conclusion of the marriage and sometimes includes clauses on post-marriage support. Articles 14-2-307 and 14-2-309 of the revised Colorado Statutes provide that prenuptial or postnuptial agreements will not be enforced if there is evidence of any of the following: A Colorado marriage contract, often referred to as a «prenup,» is a contract that two people enter into before the marriage to describe how property will be divided if the marriage later ends in divorce. Prenuptial agreements provide security when certain property that the parties owned before the marriage could be threatened in the event of divorce. Seeking the help of a marriage contract lawyer is important for the document to be complete and binding. «In summary, we conclude that the more specific provision of the CMAA requiring that a conjugal agreement be in writing prevails over the general provision of the UDMA in Article 14-10-113(2)(d). Thus, the District Court erred in interpreting the «valid agreement» in article 14-10-113(2)(d) as including an oral marriage agreement. Contrary to the court`s conclusion, the alleged oral agreement is invalid and enforceable in this case because it does not comply with the legal requirements of the CCAMA.
Our family law firm in Brighton suggests first checking the marriage contract form available on the Colorado Judiciary website. The requirements of a prenuptial or matrimonial agreement are similar to those of any other contract, except for the following: Since prenuptial and postmarital agreements are so versatile, they can be used to deal with a number of different issues that could affect a couple in the event of divorce. That being said, there are some things a prenup can`t do, so a basic understanding of the types of provisions that are generally considered enforceable can be helpful. Typically, courts apply agreements that deal with the following: A postnuptial contract (called a «prenuptial agreement» in Colorado) is identical to a prenuptial agreement in terms of what it can handle, except that the spouses are already married at the time the postnuptial contract is signed. You can use it as a general framework and customize it later with your lawyer. However, it is important that your final agreement does not conflict with the following provisions: Prenuptial agreements can be used to deal with a number of munitions, such as: If you have any further questions about entering into a prenuptial agreement in Colorado, do not hesitate to contact our professional team for expert advice. To answer this question, the first step is to determine when it was written and executed. Marriage contracts in Colorado have gone through three different stages over the past half century.
If your marriage contract was drawn up before July 1986, the general rules of the contract for the choice of applicable law determine the law of the State to be applied. In the case of a void marriage, Colorado judges will also apply the terms of the marriage contract to some extent that avoids unfair outcomes. Depending on the extent to which unenforceable provisions are closely related to the valid parts of a prenuptial agreement, the presence of countervailable provisions may or may not preclude the implementation of the entire document. For this reason, among other things, it is important to consult a qualified legal advisor before drafting or signing a marriage or post-marriage contract that could jeopardize your legal rights. If your prenuptial agreement addresses these factors, a court will consider whether the application of California law against Colorado`s basic guidelines or would be unscrupulous to a person at the time of execution. A marriage contract is unscrupulous if it is «not fair, reasonable and just.» In re Marriage of Christen, 899 p.2d 339 (Colo. App. 1995). So while you can move to Colorado with a prenuptial agreement and choose the law that governs your prenuptial agreement, after 2014, the state will decide whether your choice is respected based on its idea of fairness. Some of the main topics that a prenuptial agreement in Colorado could cover include: Home / Blog / Do you consider a prenuptial agreement before you get married in Colorado? Under Colorado law, a prenup must be signed by both parties. The law contains strict requirements regarding the fairness of the contract and how it was performed, full financial disclosure and the issues that can be lifted in the marriage contract. .