Colorado Premarital and Prenuptial Agreements
The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Colorado state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Colorado court.
Colorado: Colo. Rev. Stat. § 14-2-301 (2007): Statute similar to UPAA, but courts have wider latitude about eforcement.
(1) A marital agreement or amendment thereto or revocation thereof is not enforceable if the party against whom enforcement is sought proves that:
a) Such party did not execute the agreement, amendment, or revocation voluntarily; or
b) Before execution of the agreement, amendment, or revocation, such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
2) A marital agreement or amendment thereto or revocation thereof that is otherwise enforceable after applying the provisions of subsection (1) of this section is nevertheless unenforceable insofar, but only insofar, as the provisions of such agreement, amendment, or revocation relate to the determination, modification, or elimination of spousal maintenance and such provisions are unconscionable at the time of enforcement of such provisions. The issue of unconscionability shall be decided by the court as a matter of law.
3) A marital agreement or amendment thereto or revocation thereof that is otherwise enforceable shall not be unenforceable because by the terms of such agreement, amendment, or revocation the rights or obligations, or both, of one or both parties change or expire because of the passage of time or the occurrence or nonoccurrence of any other event.