Updated March 27, 2024
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” and can be a valuable tool for many couples, including those who experience sudden changes in their finances after getting married. Unlike prenuptial agreements, often called “prenups,” postnuptial agreements are created after marriage. Colorado is one of a few states in which the laws for prenuptial agreements also cover postnuptial agreements.
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]