Colorado recognizes postnuptial agreements, and courts will enforce them in divorce cases or at death as long as they comply with Colorado Revised Statutes 14-2-301. The requirements for a valid post-marital agreement is the same as pre-marital agreements.
- Must be in writing and signed by both parties;
- It must be signed voluntarily;
- Parties must have had access to independent legal counsel. If an unrepresented party does not have the financial means to hire their own attorney, the other party must pay for counsel to advise the party on the agreement. Also, if one person chooses to be unrepresented, then the agreement must contain a notice of the marital rights they may be giving up by signing a postnuptial and
- Each party must provide a disclosure of income and assets and debts and their estimated values.
Colorado law requires full disclosure of each spouse’s income, debts, and assets before entering into a postnuptial agreement. You and your spouse should take separate inventories that account for your individual and shared property and financial obligations.
Disclosures should include real property, bank accounts, retirement accounts, investments, business ownerships, credit card debt, mortgages, personal loans, school loans, and all other assets and obligations. If you or your spouse fail to disclose all of your debts and assets, the court may find that your agreement is unenforceable.
Spousal Maintenance and Attorneys’ Fees
Parties can agree to waive spousal maintenance and attorneys’ fees. But, enforcing this clause upon divorce will be scrutinized closely by the court and will not be allowed if doing so would be “unconscionable.”
Know What Makes Agreements Unenforceable
Before you sign a postnuptial agreement, it is imperative to understand what terms and circumstances may cause a court to reject all or a portion of your contract. See below for some examples of prohibited postnuptial agreement terms and conditions.
- When either party was not represented by an attorney and the agreement did not contain a conspicuous notice of waiver of rights.
- If either party failed to disclose all debts and assets prior to signing the postnuptial agreement.
- The agreement has unenforceable terms, such as those relating to child custody and support, terms that punish a party for filing for separation or divorce, or anything that violates public policy.
- The couple was planning to divorce when they signed the postnuptial agreement. Couples planning to divorce should execute a separation agreement instead.
- One spouse signed the agreement under duress.
Contact a Colorado Postnuptial Agreement Attorney
Attorneys at Perusse Nixon PLLC have experience drafting postnuptial agreements. Since these are legally binding contracts, they ought to be drafted carefully as much is at stake for your financial future. If you are considering a postnuptial agreement in Colorado, call attorney, Cindy Perusse to assist you. Contact our office at 303-228-2285 or online, and we will get in touch with you as soon as possible. Marital agreements should not be entered into without an attorney to advise you.