Colorado Law, in Plain English
Colorado's Uniform Premarital and Marital Agreements Act
Colorado governs prenups and postnups under the Uniform Premarital and Marital Agreements Act, C.R.S. §§ 14-2-301 to 14-2-313. The General Assembly repealed and reenacted this part in 2013 (House Bill 13-1204), effective July 1, 2014. This page walks through each rule that matters, with the statute cited so you can read it yourself.
Reviewed October 2026. Sources: L. 2013, ch. 239 (HB 13-1204); Colorado Revised Statutes 2024, Title 14; L. 2015, ch. 259 (SB 15-264).
Which law applies to your agreement
The act governs premarital and marital agreements signed on or after July 1, 2014. It does not affect rights or obligations under agreements signed before that date, which are governed by the earlier Colorado Marital Agreement Act (C.R.S. § 14-2-303(1)). The act does not apply to an agreement that needs court approval to be effective, or to a separation or dissolution agreement signed when a legal separation or divorce is anticipated or pending (C.R.S. § 14-2-303(2)).
Parties can choose another state's law if that state had a significant relationship to the agreement or a party when it was signed, but not if that law conflicts with Colorado's enforcement section or a fundamental Colorado public policy (C.R.S. § 14-2-304).
Forming a valid agreement
- In a record, signed by both. A premarital or marital agreement must be in a record and signed by both parties. It is enforceable without consideration (C.R.S. § 14-2-306). Electronic signatures count (C.R.S. § 14-2-302(8)).
- When it takes effect. A premarital agreement is effective on marriage; a marital agreement is effective when both parties sign (C.R.S. § 14-2-307).
- Amendments. A modification or revocation is an "amendment" and must also be in a signed record (C.R.S. §§ 14-2-302(1), 14-2-309(8)).
- Void marriage. If the marriage turns out to be void, the agreement is enforceable only to the extent needed to avoid an inequitable result (C.R.S. § 14-2-308).
- Civil unions. Parties to a civil union may make the same agreements and the act applies (C.R.S. § 14-2-303.5).
The four ways an agreement fails
Under C.R.S. § 14-2-309(1), an agreement is unenforceable if the party resisting it proves:
1. Involuntary consent or duress
The party's consent was involuntary or the result of duress (C.R.S. § 14-2-309(1)(a)). Last-minute signing, threats to cancel the wedding and one-sided pressure are the facts these claims are built on.
2. No access to independent legal representation
"Access" has two parts under C.R.S. § 14-2-309(2). First, before signing, the party had a reasonable time to decide whether to hire a lawyer, and to find one, get advice and consider it. Second, if the other party has a lawyer, the party could afford one or the other party agreed to pay the reasonable fees of independent representation.
3. No lawyer and no notice of waiver
If a party signed without independent counsel, the agreement must contain either a plain-language explanation of the rights being modified or waived, or a conspicuously displayed notice substantially similar to the statutory notice (C.R.S. § 14-2-309(1)(c), (3)). The notice warns that by signing you may be giving up support, ownership or control of money and property, money and property if the marriage ends or your spouse dies, and the right to have your legal fees paid, and may be agreeing to pay the other person's bills and debts.
4. Inadequate financial disclosure
Disclosure is adequate if the party received a reasonably accurate description and good-faith estimate of value of the other party's property, liabilities and income, or had adequate knowledge or a reasonable basis for adequate knowledge of that information (C.R.S. § 14-2-309(4)). Unlike the uniform act, Colorado did not adopt a separate written waiver of disclosure; that subsection is reserved. In Colorado, real disclosure is the safe course. Use the disclosure checklist.
Terms Colorado will not enforce
Under C.R.S. § 14-2-310(2), a term is not enforceable to the extent it adversely affects a child's right to support; limits a remedy available to a victim of domestic violence; changes the grounds for legal separation or divorce; penalizes a party for starting a separation or divorce case; or violates public policy. A term defining parental rights and responsibilities, parenting time or other custodial matters is not binding on the court (C.R.S. § 14-2-310(3)).
Deadlines and claims
Any statute of limitations on a claim for relief under the agreement is tolled during the marriage, though equitable defenses such as laches and estoppel remain available (C.R.S. § 14-2-311).
Later changes to the act
The only amendment to these sections since 2014 was a 2015 revisor's bill that added the words "premarital agreement" to C.R.S. §§ 14-2-303.5 and 14-2-309(5) (L. 2015, ch. 259, §§ 34-35). Laws change; Attorney Liken confirms current law for every agreement.
For how marital property is divided when there is no agreement, see Colorado property division and Colorado spousal maintenance on longmont.law.
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