What Is a Colorado Postnuptial Agreement?
A Colorado postnuptial agreement is a document couples write after they’re already married. It’s also referred to as a marital agreement. Couples use it to highlight property division, spousal support, and debt responsibility if the marriage ends. If you want to write a clarifying document before marriage, use a prenuptial agreement.
State law differentiates between postnups and separation agreements, which couples create when they plan to divorce (CO Rev Stat § 14-2-303(3)(b)). A postnup serves as an insurance policy to lay out both sides’ rights and obligations in case of death or divorce.
You may choose to draft a postnup for various reasons:
- to keep an inheritance in the family
- to provide for children from a previous relationship
- to safeguard business interests
- to avoid costly and unpleasant legal battles
- to protect one spouse from the other’s debts
If you don’t write a postnup, Colorado’s equitable distribution laws apply to divide marital assets in a divorce agreement (CO Rev Stat § 14-10-113). A judge looks at many factors to decide how to divide property. These factors include each spouse’s income, whether one stayed home to care for children, and each person’s needs.
If you don’t want to leave the decision to a judge, write a postnup. A postnup lets you and your spouse make these decisions ahead of time in case you get divorced later. Colorado enforces postnups as long as they meet the state’s criteria:
- The document is in writing (CO Rev Stat § 14-2-306).
- Both parties signed it voluntarily (CO Rev Stat § 14-2-306).
- The spouses plan to remain married (CO Rev Stat § 14-2-302).
- Each spouse had access to an attorney or gave up that right (CO Rev Stat § 14-2-309).
- There was a full financial disclosure of assets and debts (CO Rev Stat § 14-2-309).
How to Write a Postnuptial Agreement for Colorado
Courts base the validity and enforceability of postnups on what you include in the document. Our Colorado postnuptial agreement form ensures you follow all the steps so you can download a state-compliant contract.
- Provide background information: Give both parties’ names and marital address. Name any children for whom they’re responsible.
- Guarantee financial disclosure: Note that both parties have provided a full, fair disclosure of their financial information.
- Differentiate between separate and marital property: Outline property that is to remain separate from marital property belonging to both spouses. Assign ownership to real estate holdings, bank and retirement accounts, vehicles, and investments. Declare the division of assets if you divorce or one spouse dies.
- Protect businesses: Record which spouse retains ownership of businesses brought into the marriage and jointly owned ventures.
- Disclose debts: Both spouses must list any debts. Determine which spouse is responsible for paying off debts.
- Specify tax status: Decide how you will file taxes, whether as a single individual or a married couple.
- Divide the marital home: Explain how you’ll divide any money from selling the marital home. If one spouse plans to keep living there, clearly state. You can also include rules for handling shared household expenses during the marriage.
- Consider pets: A pet custody agreement says which spouse will care for pets if you divorce.
- Set alimony terms: Colorado allows spouses to set spousal support or mutually waive the right to alimony (CO Rev Stat § 14-2-302(4)(a)). However, the more an agreement differs from Colorado’s default alimony payment procedures, the more likely a judge is to decide it’s unfair. Spousal support terms must be fair and reasonable, or judges have the authority to invalidate them. If you do not include any terms on spousal support, the court will apply the default state scheme under CO Rev Stat § 14-10-114.
- Include additional clauses: Legal Templates’s document builder allows you to add clauses to address the care of a disabled spouse or provide for children from a previous relationship.
- Determine dispute resolution: Mark the method for dispute resolution if disagreements arise.
- Sign and notarize: Both spouses must sign the agreement. Colorado doesn’t require notary acknowledgment, but getting notarization prevents challenges to the document’s validity.
Sample Colorado Postnuptial Agreement
Below, you can see what a Colorado postnuptial agreement looks like. When you’re ready, use our document editor to customize this template to meet your needs. Download the final version in PDF or Word format.
Legal Requirements and Considerations for Colorado Postnups
Colorado sets out certain legal requirements for postnups to ensure they are valid and enforceable.
Signing Requirements
Both spouses have to sign the agreement without pressure from one another or anyone else (CO Rev Stat § 14-2-306).
Legal Representation
In Colorado, both sides must be able to have their own lawyer to guarantee they’re getting a fair deal and that their respective interests are represented. Spouses may also complete a notice to give up their right to an attorney (CO Rev Stat § 14-2-309).
Excluded Terms
Marital agreements can’t govern issues of child support and custody, nor can they affect the rights of a domestic violence victim. Colorado also doesn’t recognize clauses that place the fault for a divorce, attempt to force a spouse to stay married against their will, or violate public policies, such as trying to limit the right to file a court proceeding to obtain a divorce or a legal separation (CO Rev Stat § 14-2-310).
Validity & Effect
A valid Colorado marital agreement goes into effect immediately after signing (CO Rev Stat § 14-2-307).
Modification
Postnups are modified or canceled when both spouses sign a document agreeing to this (CO Rev Stat § 14-2-307 & CO Rev Stat § 14-2-302).
Postnups in Void Marriages
Marital agreements written for a void marriage are enforceable only to the extent that they prevent inequitable circumstances for one party (CO Rev Stat § 14-2-308).
