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Colorado Postnuptial Agreement

A Colorado postnuptial agreement is a contract between the two spouses in a marriage that lets them determine how specific property will be distributed should the marriage end in divorce or death. In Colorado, postnuptial agreements are commonly called "marital agreements."
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Updated June 24, 2024

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Signing Requirements

A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration.[1]

Laws

Enforceable: A postnuptial agreement if:

  • Must be in writing and signed by both parties.[1]
  • Must be entered into voluntarily.[2]
  • Must be given financial disclosure of the other spouse.[3]
  • Cannot be against public policy.[4]

Financial Disclosures Not Given: If financial disclosures are not made between the spouses, a notice of waiver of rights must be agreed to and signed by the parties.[3]

Sources

  1. Colo. Rev. Stat. § 14-2-306
  2. § 14-2-309(1)(a)
  3. § 14-2-309(1)(c)
  4. § 14-2-304(1)(a)