A Colorado postnuptial agreement is a legal document designed to outline the division of assets and liabilities between spouses in the event of a divorce or separation.
Unlike a prenuptial agreement, which is executed before the wedding, postnuptial agreements are signed before marriage, allowing couples to establish guidelines for property division and spousal support.
Legal Considerations
Colorado is one of the few states where the legal framework for prenuptial agreements extends to include postnuptial agreements, specifically Title 14, Article 2, Part 3.
- Signing Requirements: A marital agreement must be documented and signed by both parties to be considered valid. This document holds legal weight even without consideration (§ 14-2-306).
- Dividing Property: Equitable division (§ 14-10-113).
Understanding Postnuptial Agreements in Colorado
Married Person May Contract
- Even after getting married, individuals can still take on debts and enter into contracts in their own name and credit.
- If legal action is taken against them, such as a court judgment, it can be enforced against them individually as if they were single (§ 14-2-208).
§ 14-2-302 – Definitions
- A “marital agreement” is a contract between spouses who plan to stay married, allowing them to confirm, adjust, or waive marital rights or obligations during marriage or in various circumstances such as legal separation, divorce, or death.
- This term covers amendments signed after marriage, including changes to prenuptial agreements, thus making it applicable to postnuptial agreements.
§ 14-2-303 – Scope
- Part 3 of this provision pertains to marital agreements signed on or after July 1, 2014, ensuring its application to documents made within this timeframe.
- Agreements signed before July 1, 2014, are not affected by Part 3, preserving the rights, obligations, and liabilities established under those agreements.
§ 14-2-304 – Governing Law
- Validity and interpretation depend on the designated jurisdiction’s laws, respecting significant connections and state statutes.
- In the absence of specified jurisdiction, state laws govern postnuptial agreement validity and interpretation, including choice-of-law rules.
§ 14-2-305 – Principles of Law and Equity
- Legal principles of law and equity support this Part 3 unless otherwise specified within its provisions.
§ 14-2-307 – When Agreement Effective
- A marital agreement takes effect upon being signed by both parties.
§ 14-2-308 – Void Marriage
- In cases where a marriage is declared void, a marital agreement remains enforceable to prevent unfair outcomes.
§ 14-2-309 – Enforcement
- Both parties must have provided voluntary consent without duress, had access to independent legal representation, received adequate financial disclosure, and been given notice of rights waived or modified.
- Access to independent legal representation includes providing a reasonable opportunity to secure legal advice before signing, and if one party has legal representation, the other party must either have the financial means to obtain representation or have their fees covered by the other party.
§ 14-2-310 – Unenforceable Terms
- Terms in marital agreements cannot adversely impact a child’s right to support, limit remedies for domestic violence victims, alter grounds for legal separation or divorce, penalize a party for initiating legal proceedings, or violate public policy.
- Provisions concerning custodial responsibilities are not legally binding on the court.
