Colorado Prenuptial Agreement Form

People are increasingly thinking about signing a prenuptial agreement template before their wedding. This is a very delicate issue that used to be taboo among many couples in love but is becoming common. From the prerogative of the rich, the prenuptial agreement has become a rather mundane document.

The Colorado Prenuptial Agreement Form is worth filling out if you want to secure your personal property in advance, protect the inheritance of existing children, or for any other personal reasons.

It is important that those getting married agree to the prenuptial agreement and sign it.

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Create a free high quality Colorado Prenuptial Agreement online now!

There is no single correct form of agreement in Colorado, but we suggest using our form-building software on the website to avoid missing important points.

While some may regard the prenuptial agreement as a bad sign, it is not at all. On the contrary, this means that the couple responsibly approaches their decisions and wants to think through any possible options to secure their future.

Colorado Prenup Laws and Requirements

Please note that each state may have its own laws governing the prenuptial agreement’s drafting and execution. If you want the court to recognize your agreement as valid, you must study these laws. In Colorado, this is Title 14, Article 2 of Colorado Statutes.

Signing Requirements

Both partners must date and sign the agreement. It is also highly recommended to study it with your lawyer. In the future, you can challenge the agreement if it was signed without voluntary consent or if one party was unable to seek legal advice.


Enforceability

For the prenup agreement in Colorado to be enforced, it must be concluded in writing without the coercion of any party to the other and be signed by both partners.

Since this document is concluded before marriage, it comes into force only after the marriage between partners.

While coercion includes physical or psychological threats, refusing to marry without a prenuptial agreement is not a threat.

According to the courts, both spouses should have the opportunity to seek legal advice. Therefore, it is advisable to agree in advance rather than a day before the wedding. After all, the court may rule that there was inadequate time for either party to study the conditions carefully.

It is also essential to obtain each party’s full disclosure of their financial condition. You can even attach a certified financial statement for the court to see that the required data has been disclosed.

The court also considers whether the agreement was drawn up in good faith and whether it humiliates one of the parties. For example, it is unlikely for the court to recognize the form as legal if one of the spouses remains below the poverty line at the expense of the other.

Court Refusal

A Colorado court will disregard a prenup if:

  • the agreement was written under duress, both physical and moral
  • one of the parties did not have access to legal advice
  • financial information about the partner was not disclosed, or its important components were withheld.

However, all these factors will have to be proven to the court.

What Prenups Can Cover

Here are examples of issues that can be resolved using a prenuptial agreement:

  • division of property acquired before the marriage
  • separation of debts, both mortgage and credit
  • sharing the property acquired during the marriage
  • the amount and duration of alimony payments
  • whether a will is required
  • and any other questions you might want to add to the agreement.

At the same time, prenups cannot contain clauses on the separation of custody of children or child support conditions. These points are resolved directly upon divorce, either by the judge or by the parents, where possible.

Published: Feb 23, 2021