Download Colorado Prenuptial Agreement Form [PDF]

The Colorado prenuptial agreement is a legal document signed between the partners who are about to enter marriage. They use this document to outline their financial status by listing all the assets and liabilities they have accumulated before the marriage.

The partners then use the agreement to indicate which part of their assets and liabilities is going to be considered individual property even after they get married. The partners can include any funds, real estate, interest in companies and businesses, bonds, or stocks in the prenuptial or prenup agreement.

The partners can also denote a protocol for sharing the property gained during the marriage in case they get divorced. They can use the prenuptial agreement after marriage to simplify the property division process and prevent potential disputes.

Laws and Legal Requirements for a Prenuptial Agreement in Colorado

Section 14-2-301 to 14-2-313 of the Colorado Revised Statutes, also called the Uniform Premarital and Marital Agreements Act, is the document that contains the basic legal requirements for the Colorado prenuptial agreement act.

Section 14-2-302 provides that the marital agreement is “[...] an agreement between spouses who intend to remain married that 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 Prenuptial Agreement in Colorado

Section 14-2-306 provides that the prenuptial or premarital agreement must be made in writing. Moreover, both parties must sign the document in order for it to be valid.

Although it is not required by state law, signing the prenuptial agreement in front of a notary public is always advisable. The notary public acknowledgment will additionally confirm the authenticity of the document and prevent any future disputes or fraudulent activities.

Prenuptial Agreement Enforcement in Colorado

The prenuptial agreement form is deemed unenforceable if one of the parties proves that:

Additionally, if the agreement includes provisions about alimony that are extremely unfair to one of the partners, the court can declare these provisions unenforceable.

What Can a Prenuptial Agreement in Colorado Cover?

A prenuptial agreement template can cover various types of provisions, including:

Prenuptial Agreement in Colorado: Validity Criteria

The following provisions won’t be deemed valid before the court:

Moreover, the rules outlined in the Uniform Premarital and Marital Agreements Act are applicable only to prenuptial agreements issued after July 1, 2014. However, they don’t affect the validity of the agreements issued before this date.