Colorado Prenup & Postnup FAQ

Yes. Colorado's Uniform Premarital and Marital Agreements Act, C.R.S. § 14-2-301 and following, governs agreements signed on or after July 1, 2014. An agreement must be in a record signed by both parties (C.R.S. § 14-2-306). A court can refuse to enforce it if consent was not voluntary, if a party lacked access to independent counsel, or if financial disclosure was inadequate (C.R.S. § 14-2-309). How Colorado law works.

A premarital agreement is signed by people who intend to marry and takes effect on marriage. A marital agreement (postnup) is signed by spouses who intend to stay married and takes effect when both sign (C.R.S. §§ 14-2-302, 14-2-307). The same Colorado act governs both.

No. A term that adversely affects a child's right to support is unenforceable, and a term about parental responsibilities or parenting time is not binding on the court (C.R.S. § 14-2-310).

Colorado law looks at whether each party had access to independent legal representation before signing (C.R.S. § 14-2-309(2)). Separate lawyers are the surest way to build an agreement that holds up. Attorney Liken represents one party only.

Ideally three to four months before the wedding. Use the wedding-date timeline planner to see your dates. Rushing an agreement into the last days before a wedding invites a duress challenge.

On marriage (C.R.S. § 14-2-307). Until then it binds no one.

No. Colorado says a premarital or marital agreement is enforceable without consideration, as long as it is in a record signed by both parties (C.R.S. § 14-2-306).

Yes, maintenance is a marital right the parties can address (C.R.S. § 14-2-302(4)). But a maintenance term can be refused enforcement insofar as it is unconscionable at the time of enforcement, decided by the court as a matter of law (C.R.S. § 14-2-309(5)).

Yes. An amendment, meaning a modification or revocation, must also be in a record signed by both parties (C.R.S. §§ 14-2-302, 14-2-309(8)).

Yes. Colorado lets parties to a present or prospective civil union make the same kinds of agreements, and the act applies to them (C.R.S. § 14-2-303.5).

Yes. Colorado expressly recognizes "marital agreements" between spouses who intend to remain married (C.R.S. § 14-2-302(2)). They are enforceable without consideration if in a record signed by both spouses (C.R.S. § 14-2-306).

When both spouses sign it (C.R.S. § 14-2-307).

The act does not apply to a separation or dissolution agreement signed when a legal separation or divorce is pending or anticipated (C.R.S. § 14-2-303). That is a separation agreement, which is reviewed by the divorce court. Attorney Liken can help with either; see divorce and family law.

Yes. The enforcement grounds in C.R.S. § 14-2-309 apply to marital agreements just as they do to premarital agreements.

The act requires a record signed by both parties (C.R.S. § 14-2-306); it does not list notarization as a requirement. Attorney Liken still recommends a formal, documented signing, because a clean record of who signed and when helps defeat later challenges.

Yes. Property rights and liabilities at the death of a spouse are among the marital rights an agreement can address (C.R.S. § 14-2-302(4)(d)). Coordinate it with your estate plan; see estate planning on longmont.law.

Often, yes. Colorado honors the parties' choice of another state's law if that state had a significant relationship to the agreement or a party when signed, unless that law conflicts with C.R.S. § 14-2-309 or a fundamental Colorado public policy (C.R.S. § 14-2-304).

Any statute of limitations on a claim under the agreement is tolled during the marriage, subject to equitable defenses such as laches and estoppel (C.R.S. § 14-2-311).

Parties may address attorney fees (C.R.S. § 14-2-302(4)(e)), but a waiver or allocation of fees is unenforceable insofar as it is unconscionable at the time of enforcement (C.R.S. § 14-2-309(5); In re Marriage of Ikeler, 161 P.3d 663 (Colo. 2007)).

Your goals, your timeline and whether an agreement fits. Attorney Liken calls you at the time you choose. It does not create an attorney-client relationship, so please do not share confidential details until you have a signed fee agreement.

No. Attorney Liken represents one party. Your partner should have independent counsel; Colorado law looks at whether each party had access to independent legal representation (C.R.S. § 14-2-309(2)).