When starting a marriage or civil union in Colorado, it may be necessary to consider a prenuptial agreement. A prenuptial agreement, also known as a prenup, is a legal agreement that outlines how assets and debts will be divided in the event of a divorce or separation. Prenups can also address spousal maintenance and other important financial considerations.

If you are considering a prenup in Colorado, it is essential to understand the state’s requirements for these agreements. Here are some key factors to keep in mind:

Voluntary agreement

A prenup must be voluntary and entered into by both parties without coercion or undue influence. Both parties should have time to review the agreement and seek legal advice if necessary.

Full disclosure of assets and debts

Each party must fully disclose their assets and debts in the prenup. This includes property, financial accounts, investments, and any other assets or liabilities.

No unconscionable terms

The terms of the prenup cannot be unconscionable or blatantly unfair to one party. A court may refuse to enforce a prenup if the terms are deemed unreasonable.

In writing

A prenup must be in writing and signed by both parties. Oral agreements will not be considered valid.

Notarized

In Colorado, prenups must be notarized to be enforceable in court.

No impact on child support or parenting time

A prenup cannot determine child support, parenting time, or custody arrangements. These decisions must be made in the best interests of the child and cannot be predetermined in a prenup.

Keep these requirements in mind as you consider a prenup in Colorado. It is also essential to work with an experienced family law attorney to ensure that your prenup is valid and enforceable.

In the end, a prenup can provide peace of mind and help protect your financial future. By understanding the requirements and working with a qualified attorney, you can create a prenup that works for you and your partner.