Are prenuptial agreements enforceable in Colorado?

Colorado was the second state to adopt the modern UPMAA, replacing its earlier UPAA regime.

1. Governing Statute

Colorado Uniform Premarital and Marital Agreements Act, C.R.S. §§ 14-2-301 through 14-2-313, effective July 1, 2014. Agreements signed before July 2014 are governed by the prior UPAA (former § 14-2-301 et seq.).

2. Formality Requirements

The agreement must be in writing and signed by both parties (C.R.S. § 14-2-306). No consideration beyond marriage is required (§ 14-2-307). The agreement becomes effective upon marriage (§ 14-2-308).

3. Voluntariness

Under C.R.S. § 14-2-309(1), a court may not enforce an agreement if the party against whom enforcement is sought did not execute it voluntarily OR consented under duress. Among the listed factors: access to independent counsel, time to decide, and condition of consent (§ 14-2-309(2)).

4. Disclosure

§ 14-2-309(1)(d) requires, before signing: (i) reasonable financial disclosure or a waiver of disclosure in a separate writing, AND (ii) adequate notice in plain language of the marital rights being waived.

5. Unconscionability

Property provisions are reviewed for unconscionability at execution (§ 14-2-309(1)(c)). Spousal-maintenance provisions receive a stricter test: unenforceable if unconscionable at the time of enforcement (§ 14-2-309(3)) — a UPMAA hallmark adopted by Colorado.

6. What Cannot Be Waived

Child support and custody cannot be predetermined (§ 14-2-310). Spousal-maintenance waivers are enforceable subject to the enforcement-time unconscionability test.

7. Key Colorado Case Law

In re Marriage of Ikeler, 161 P.3d 663 (Colo. 2007) (pre-UPMAA); In re Marriage of Newman, 653 P.2d 728 (Colo. 1982); post-UPMAA appellate decisions have applied the new disclosure-and-notice standards strictly.

This is legal information, not legal advice.