Colorado Marital Agreements

Posted by: In: Ikke kategoriseret 08 apr 2021 Comments: 0

In Colorado, couples have the right to enter into contracts before their marriage (“pre-marriage” or “pre-marriage”) or during marriage (“postmarital” or “post-nuptial”) that discuss property rights and other important issues. Pre-marital and pre-marital agreements (sometimes called “prenups”) and post-marital agreements are appropriate in many different situations, and not, despite the opposite of popular culture, only if one or both parties are very prosperous. A marital agreement known as a “premarital agreement” in Colorado is “an agreement between persons who wish to marry by confirming, changing or renouncing a marital obligation during marriage or upon separation, dissolution, death of one spouse or occurrence or absence of another event.” C.R.S. 14-2-302 (5). On the other hand, matrimonial property is all the assets acquired by both spouses during the marriage, regardless of how the asset can be titled. For example, the 401K and stock options obtained on behalf of a spouse are considered marital property if these assets were acquired during the marriage. There are exceptions to the name of marriage in cases where the parties had a pre-marital or post-marital agreement actually executed. Source:, Premarital Agreements, David Melton – Associates, consulted on February 1, 2018 However, post-marriage agreements are not without their drawbacks. For example, courts tend to consider marital agreements to be valid, while assuming that post-marital agreements are not valid because the courts prefer pre-marriage agreements rather than after the facts. In addition, if a post-uptial agreement is poorly formulated and proves unenforceable, the couple may have wasted a lot of time and resources for nothing.

Note that some of the above requirements were imposed when Colorado passed the single law, so that only marriage contracts signed after July 1, 2014 apply. The agreement signed before that date is maintained if it complied with the law at the time of its signing.

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