How to Get a Prenuptial Agreement in Colorado

Prenuptial agreements have evolved from something viewed as unromantic and only for the wealthy to a best practice or even a necessity for many couples. Not only do they protect both parties’ best interests, but they also provide benefits like peace of mind, future financial stability, and much more.

If you live in Colorado and believe that this type of premarital agreement is best for you and your partner, learn how to get a prenup, including straightforward steps to take, state-specific requirements, and tips for ensuring your agreement is legally enforceable. 

Prenuptial agreements in Colorado: What you need to know

Colorado is one of 28 states that has adopted the Uniform Premarital and Marital Agreements Act (UPMAA), which was introduced to help clarify, modernize, and standardize statewide laws regarding these types of agreements. Colorado enacted the UPMAA in 2014, which now governs prenups in the state.

For couples who want a prenup, Colorado law requires that: 

• The agreement is a written contract.
• The agreement is signed by both parties voluntarily, meaning without coercion or duress.
• Both parties have a reasonable amount of time to obtain legal representation; otherwise, a waiver is needed.
• Both parties receive adequate financial disclosures from their future spouse, including accurate descriptions and good-faith value estimates of property, income, and liabilities.

A prenuptial agreement in Colorado can cover a variety of common matters, including the following: 

• The division of premarital assets, which include separate property and assets that each of you bring into the marriage
• The division of marital financial assets, like stocks or joint bank accounts, and property, like real estate
• Business profit distributions and ownership
• Debt allocation
• If and how inheritances and gifts will be divided
• Distributions of retirement, pension, and employee benefits
• Spousal maintenance (also known as alimony or spousal support in other states)
• How future attorneys’ fees will be paid and by whom

Including provisions such as these can help to prevent future disputes by ensuring that both parties have clear expectations. It’s important to note that, while spousal maintenance terms—like the amount paid and to whom, as well as the duration of the payments—are allowed in a Colorado prenup, these terms will be assessed by the court in the event of divorce. The reason being that financial circumstances and family situations can change over the course of a marriage, so what might have been reasonable at the time of drafting the prenup may not be viewed as fair when the marriage ends.

The following provisions cannot be included in prenuptial agreements in Colorado: 

• Child custody and child support decisions, as these issues will be decided by the court to ensure that the child’s best interests are prioritized at the time the marriage ends
• Waiver or elimination of spousal maintenance, as the court will decide if spousal maintenance terms are reasonable at the time the marriage ends
• Limitation or restriction of remedies for domestic violence victims

5 steps to get a prenup in Colorado

Getting a Colorado prenuptial agreement is fairly straightforward. Just follow these steps.

1. Speak with your partner

First and foremost, it’s important to talk with your future spouse about your desire and reason for getting a prenuptial agreement. While you may already know that you want one, perhaps your partner is unsure or doesn’t feel the need. To create a fair prenup agreement, communication is key. 

It may be helpful at this stage to plan a time to review the separate property, assets, business interests, and financial situations that you’re both bringing into the marriage and those that you might acquire in the future. Ask yourselves what might happen if the marriage ends. Will assets be divided equally? How will your children’s financial futures be affected? Would having a prenup make navigating the division of assets less stressful and costly? 

Discussing the end of your marriage when you’re about to tie the knot will likely feel uncomfortable, but it’s an important step for couples who are considering whether a prenup is right for them.

2. Contact separate attorneys

Once you both agree to getting a prenup, it’s time to involve legal professionals. The ability to seek legal advice is one of the factors that a judge will consider when reviewing the validity and enforceability of your prenup if the time comes.

For a prenuptial agreement, Colorado law does not require that individuals have legal counsel; however, it is strongly suggested to hire an attorney—and, it’s important to seek legal counsel independent of your partner, because an attorney’s role is to advocate for your best interest. After all, you and your partner may be bringing different debts, assets, and future goals to the table, and independent attorneys are able to provide legal advice for your specific situations.

Ask trusted family members or friends if they can recommend a lawyer or a law firm that specializes in family law. Additionally, many state and county bar associations have lawyer directories, and LegalZoom offers an attorney directory, where you can find and hire a vetted legal professional to consult on prenuptial agreements.

3. Agree on terms

There are several types of prenuptial agreement provisions; the ones you include will be unique to your situation. Terms might cover spousal maintenance, how marital property will be divided, who will be liable for or protected from certain debts, how inheritances and gifts are treated, and other provisions. 

4. Draft the prenuptial agreement

While you can draft a prenuptial agreement in Colorado by yourself, it might not be in either of your best interests to do so. An attorney can help you determine what types of provisions to include or avoid, the necessary clauses and wording, and more—all to ensure that your agreement is fair and valid in the eyes of the court and that it complies with state guidelines.

Review the draft individually with your lawyer, making sure that you understand every provision. If anything is unclear or any portion contains inadequate financial information, revise the contract until both parties are in agreement.

5. Sign the agreement

Your prenup agreement isn’t enforceable until it’s signed, so ensure that both you and your partner voluntarily sign the contract before you get married. Colorado does not require prenups to be notarized. It’s important to remember that prenuptial means “before marriage,” so prenuptial agreements will not be effective if signed after the marriage license has been signed. 

Another helpful tip is to aim to get the contract signed well before your wedding day. Premarital agreements signed within a day or two—and especially on the day—of a legal marriage may have increased scrutiny due to the Colorado requirement that both parties have enough time to seek legal counsel.

Do’s and don’ts of getting a prenup in Colorado

When creating a prenup in Colorado, reference this quick guide for things to do and what to avoid.

Do’s

Do the following to ensure a smooth prenup process and legally binding contract:

• Have an honest conversation with your partner about creating a prenup.
• Hire separate attorneys to help ensure fairness, protect your interests, and maintain legal compliance.
• Disclose all assets, debts, and income, aiming for full transparency.
• Get the prenuptial agreement in writing.
• Plan ahead so that there’s time to negotiate terms and avoid creating an impression of coercion.
• Ensure that the written agreement is signed by both parties.
• Review the prenup periodically, creating a postnuptial agreement if necessary to account for any major life changes over the course of your marriage.

Don’ts

Here’s what not to do when drafting a prenuptial agreement:

• Don’t conceal information. Failure to provide an accurate, full financial disclosure could make your prenup unenforceable.
• Don’t include personal, non-financial matters, such as dictating domestic duties or other issues related to family dynamics.
• Don’t include provisions that are grossly unfair to another party, as this could result in the courts deeming the prenup unconscionable.
• Don’t waive or eliminate spousal maintenance.
• Don’t include provisions about child custody or support.

Do you need a prenup? Top benefits

Many people assume that premarital agreements are only for high-income individuals, but this type of legal contract isn’t only for the wealthy. Not only can financial situations change over the course of one’s life, but there may be other scenarios in which having a legal document protecting your interests is beneficial. 

Prenuptial agreements offer several advantages to people entering into marriage.

Transparency and alignment on financial matters

Prenups encourage—and essentially require—open and honest communication between partners about the circumstances surrounding their finances, family situations, and so on. Because the law in Colorado mandates that both parties provide full and fair disclosures about assets, this means that couples need to be upfront about things like debts, financial obligations, potential family inheritances, business profits, and more. 

Although required in the contract itself, this type of information can also spark productive conversations about managing money, navigating potential family matters and dynamics, and how to protect each other’s best interests. Couples can set their partnership up for success by aligning on these issues.

Peace of mind

Knowing that your assets will be protected down the road can bring peace of mind. No one knows what the future holds, but a prenuptial agreement can at least give you confidence in your financial outlook.

For example, provisions about spousal support ensure that both partners—regardless of who earned more—are taken care of in the event of a divorce. Additionally, perhaps one partner has a child from a previous marriage. For them, it’s crucial to ensure that certain assets are passed down to their child, which is where a prenup can help.

Protection of interests

No matter your net worth, it might be especially important to you to protect certain assets, like those from a prior marriage, your business, or inherited wealth. With a prenup, you have the ability to weigh in on how assets are divided in the future, ensuring that your best interests are prioritized. 

Prevents costly legal battles in the future

A major advantage of a Colorado prenuptial agreement is that it can prevent both parties from navigating a complex and stressful legal maze if the marriage ends. 

As we’ve mentioned, prenups clearly define each spouse’s assets, including separate property and community property, and how they are divided. Colorado is not a community property state, meaning that it does not assume that all assets, income, and debts gathered during a marriage are considered equal. States with community property law require that couples going through a divorce split all marital property equally. In contrast, Colorado law dictates that in the event of a legal separation, any accumulated assets are divided in an equitable manner, which can create some tricky situations for couples who don’t have a prenup.

With a prenup, both parties can ensure that separate property and other assets remain their own and that assets acquired during the course of the marriage are divided and distributed in a way that satisfies both people. This can create smoother—and less costly—divorce proceedings.

FAQs

What makes a prenup valid and legal in Colorado?

A legal and valid prenuptial agreement in Colorado must be in written format and voluntarily signed by both parties. It cannot include provisions about child custody or child support, waive or eliminate spousal support, be unfair to one party, or restrict remedies for victims of domestic violence. 

Furthermore, both parties need to receive full and fair financial disclosures and have a reasonable amount of time to get legal representation.

Do you need a lawyer for a prenup in Colorado?

No, you don’t necessarily need a lawyer for a prenup in Colorado. However, seeking legal guidance is recommended to ensure that the prenup complies with Colorado law and protects each party’s best interests. LegalZoom can help you draft a personalized prenuptial agreement.

How much does a prenup cost in Colorado?

The cost to get a prenup in Colorado can range from free (if you do it yourself) to a few thousand dollars, depending on your attorney. For example, if you hire a family law attorney through LegalZoom, your prenup will cost $1,499, which includes a customized prenup, attorney consultations, one round of revisions, and document storage.

Can you amend a Colorado prenup?

Yes, you can amend a Colorado prenup before you get married. Ensure that the amendment is signed so that the prenup is enforceable. If changes are made to the prenup after you have gotten married, you’ll need to create a new marital agreement, also known as a postnuptial agreement. Learn more about the differences between prenups and postnups.