Marital Agreements

Marital Agreements 2017-07-25T17:16:30+00:00

Marital Agreements Attorneys

All marital agreements are contracts. They must be crafted carefully and fairly to be enforceable. In 2014, Colorado passed the “Uniform Premarital and Marital Agreements Act” which changed the prior law for all marital agreements signed after July 1, 2014. It is important that you completely understand your rights and obligations when entering into these marital contracts. At Pollart Miller Family Law, our experienced and professional family law attorneys are ready to help you draft or review a Colorado prenuptial or postnuptial agreement. Our attorneys will explain the legal terms and consequences of your marital agreement. Whether you are ready to get married or want to share property after you are already married, Pollart Miller will clarify the details for you.

Why Enter Into a Marital Agreement?

The purpose of a marital agreement is to clarify and set forth the rights and responsibilities each will have with regard to property, support and finances in the event of divorce, legal separation or the death of either or both of you. A prenuptial agreement is a marital agreement that is executed before the marriage takes place, while a postnuptial agreement is an agreement that is executed after the marriage. Colorado divorce courts will not enforce a marital agreement so long as it is properly executed, contains no invalid provisions, was not entered into under duress, was based upon valid and complete information, and is not unconscionable.

Requirements for a Colorado Prenuptial Agreement

A Colorado prenuptial agreement is like a standard contract except that:

  1. No consideration is required.
  2. The contract must be in writing.
  3. Both parties must make a fair and honest disclosure of all property, assets, incomes and financial obligations.
  4. Must not be made entered into under duress or pressure.
  5. Each party must have adequate time to seek an independent attorney of their choosing.
  6. Must not be unconscionable.
  7. An agreement that concerns alimony must not be unfair at the time of enforcement. The time of enforcement is the time of divorce or legal separation.
  8. All language regarding children will be treated as void.

Requirements for a Colorado Postnuptial Agreement

A postnuptial agreement is executed during a marriage in order to clarify and set forth the rights and responsibilities each will have with regard to property, support and finances in the event of divorce, legal separation or the death of either or both of you. All rights and obligations required for a prenuptial agreement are also required for a postnuptial agreement.

Out-of-State Prenuptial Agreement

Typically, if a couple is divorcing in Colorado but crafted the prenuptial agreement in another state, Colorado will enforce the agreement, so long as it is not unconscionable. The agreement must follow the law of the state in which it was created. A provision regarding alimony must not be unfair at the time of the divorce or legal separation.

How Pollart Miller Family Law Can Help

Our family law attorneys make sure the terms of a marital contract are comprehensive and that your intent is reflected in the writing. We can represent you in court to challenge a marital agreement if it is unconscionable at the time of divorce or legal separation.