A Colorado prenuptial agreement is a contract between two people who plan to marry that affirms, changes, or waives their marital rights and obligations. Those terms can apply during the marriage or at a legal separation, divorce, or the death of a spouse.[1.1] Any term that harms a child's right to support is not enforceable.[1.9]
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Last Updated: September 2026. This guide was checked against the statute sections listed under Sources.
Colorado family law governs prenups through the Uniform Premarital and Marital Agreements Act, which took effect on July 1, 2014. The act sits in Title 14, Article 2, Part 3 of the Colorado Revised Statutes. It sets how the agreement must be signed, when it takes effect, which terms fail, and when a judge will refuse to enforce it.
A premarital agreement must be in a record.[1.5] Both parties must sign it.[1.5] Section 14-2-306 sets no other formality, such as a notary or witnesses. The prenup is also enforceable without consideration, so neither partner has to give money or property in exchange for the other's signature.[1.5]
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These timing rules apply once the contract is signed:
Partners can choose which jurisdiction's law governs their prenup. The contract is read under the law of the jurisdiction designated in the agreement if that jurisdiction has a significant relationship to the agreement or to either party at signing.[1.4] The designated law also cannot conflict with Section 14-2-309 or a fundamental public policy of Colorado.[1.4]
Couples entering a civil union can sign the same kind of contract. It may include any right or obligation that a premarital or marital agreement can include.[1.3] A waiver in the contract also does not undercut the rights of a bona fide purchaser for value who buys property from one spouse.[1.2]
A prenup can cover most financial rights and obligations between spouses, including property, debts, spousal maintenance, and attorney fees. The law defines the contract by its effect: it affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, divorce, or death.[1.1]
Common provisions in prenuptial agreements include:
Some terms fail however carefully the prenup is signed. A term in a premarital or marital agreement is not enforceable to the extent that it:[1.9]
A term about child custody, which the statute calls custodial responsibility, is not binding on the court.[1.9] These issues are resolved at divorce, by the judge or by the parents where possible.
Spousal maintenance and attorney fee provisions face a second test. They are unenforceable, but only insofar as they are unconscionable at the time of enforcement.[1.8] A maintenance waiver that looked fair at signing can therefore fail years later. Unconscionability is decided by the court as a matter of law.[1.8]
Yes. Courts enforce prenuptial agreements unless the spouse trying to avoid one proves a defect in how it was made. That spouse carries the burden of proof, and Section 14-2-309 lists the grounds that qualify.[1.8]
A prenup is unenforceable if the challenging spouse proves one of these grounds:[1.8]
Duress can include physical or psychological threats. Refusing to marry without a prenup is not, on its own, a threat.
Access to independent legal counsel means more than being allowed to hire a lawyer. Before signing, each party must have a reasonable time to decide whether to retain a lawyer. They also need time to locate one, get the lawyer's advice, and consider it.[1.8]
Adequate disclosure means each party receives a reasonably accurate description and good-faith estimate of value of the other party's property, liabilities, and income.[1.8] You can attach a financial statement listing your assets and debts to the prenup as a record of what you shared.
Yes. Colorado does not publish an official prenup form, and the law does not require a lawyer to draft one, so couples can prepare their own from a template. The contract still has to meet the signing rule. It must be in a record and signed by both parties.[1.5]
A self-written prenup must also survive the enforcement grounds above. If either partner signs without a lawyer, include a notice of waiver of rights or a plain-language explanation of the marital rights being modified or waived.[1.8] Without one, that partner can challenge the prenup in a divorce.[1.8]
Making a prenup takes five steps: disclose finances, draft the terms, allow time for legal advice, add a waiver notice where needed, and sign the final version. Three mistakes give a spouse grounds to challenge the prenup in a divorce: an incomplete financial picture, a rushed review, and a missing waiver notice.[1.8]
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