![Download Colorado Postnuptial Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Colorado postnuptial agreement is a legal document that parties that are already in a marriage use to determine their financial and non-financial relationship during the marriage. In addition, the parties can also use this document to determine how the property will be divided after the marriage.
The main difference between a postnuptial and prenuptial agreement lies in the moment that parties are signing it. With a prenup agreement, the parties sign the document before getting married, while with a postnup agreement, the parties sign the document during the marriage.
The main benefit of having a postnuptial agreement is that it can prevent potential disputes and misunderstandings between spouses and save them a significant amount of time and resources by preventing or shortening the divorce procedure.
Laws and Legal Requirements for a Postnuptial Agreement in Colorado
The laws and legal requirements for a postnuptial agreement in Colorado are outlined in multiple provisions of the state law. In Colorado, the same provisions regulate prenuptial and postnuptial agreements.
Section 14-2-302 provides a definition of the marital agreement:
“‘Marital agreement’ means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement.”
Signing Requirements for a Postnuptial Agreement in Colorado
Section 14-2-306 provides that the postnuptial agreement must be in a record and that it must be signed by both parties.
Moreover, the parties should always consider notarizing their postnuptial agreement form whenever possible. The notary public will identify the parties and acknowledge that they have personally signed the document. This will additionally confirm the authenticity of the document and prevent potential fraudulent activities.
Postnuptial Agreement Enforcement in Colorado
The postnuptial agreement form will be enforceable if it fulfills the following criteria:
Postnuptial Agreement Enforcement Conditions
If both parties sign the document willingly, without coercion, or as a result of duress
If both parties had access to independent legal representation before signing the document
If both parties made full and truthful disclosure of their financial status
If it’s made in record and signed by both parties to the agreement
What Can a Postnuptial Agreement in Colorado Cover?
The postnuptial agreement in Colorado can cover multiple aspects of the parties' financial and non-financial relationships. However, the postnuptial agreement must be in line with state law and public policies.
Below, you can see some of the most common matters that are included in the postnuptial agreement template:
Provisions in a Postnuptial Agreement
Rights and obligations of the parties in terms of their individual or marital property
A right to sell, buy, lease, mortgage, transfer, or manage the property acquired during the marriage
Rules on how the property will be divided in case of a marriage dissolution, divorce, death, or any other similar event
Matters related to alimony or spousal support
Matters related to insurance policy, pensions, wills, and trusts
Determining the relevant law for the postnuptial agreement
The postnuptial agreement, however, cannot cover matters like child support since only the court can make decisions regarding this.
Postnuptial Agreement in Colorado: Validity Criteria
The Colorado postnuptial agreement must meet the formality requirements outlined by state law in order to be considered valid. This means that it must be made in record, and both spouses must sign the document.
Moreover, the validity of the postnuptial agreement is also tied to the existence of marriage. The parties can sign the postnuptial agreement after they get married and at any point during their marriage. If the parties decide to create multiple postnup agreements, they will all be considered valid as long as they cover different matters.