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Frequently Asked Questions about
Prenuptial Agreements
Do I need a prenuptial agreement to get married?
No, Colorado law does not require you to have a prenuptial agreement before getting married.
Having a prenuptial agreement, however, can help streamline the court process if divorce becomes unavoidable. They can also provide reassurance for people who enter into a marriage with substantial assets or for people who are marrying someone with considerable debt.
What can a prenup cover?
Prenuptial agreements in Colorado can cover:
- Division of property and debt;
- Rights and obligations under items like insurance policies, wills, employee benefit plans; and,
- Spousal maintenance.
Any prenuptial agreement with provisions concerning children, including custody or support, will be treated as void by the Court. The Court is required to independently consider the best interest of the child at the time of the divorce.
Does a prenup have to include everything we own or owe?
A prenuptial agreement in Colorado can cover as little as one asset or debt or it can cover everything. What is agreed upon depends on the two individuals making the agreement. It’s best to work with an attorney to ensure the most important items to you are covered.
Can I create a prenup after I'm married?
Yes, spouses can sign an agreement between themselves once they are married. Instead of being called a prenuptial, however, it’s called a post-nuptial agreement.
The topics covered by the post-nuptial are identical to a prenuptial agreement. The only difference is the individuals are already married.
If a post-nuptial agreement is made after the parties are married but shortly before divorce proceeding is initiated, the Court may consider the post-nuptial agreement to actually be a separation agreement. Separation agreements are reviewed differently than a postnuptial agreement by the Court.
Can we change or add to our prenup?
The parties to a prenuptial agreement in Colorado are free to revoke, change, or amend the agreement at a later date, as long as the change is in writing.
I have a prenup that was signed in another state. Will Colorado follow it?
Colorado will generally enforce a prenuptial agreement from another state, as long as the prenup followed the laws of the state where it was created.
If the prenup from another state includes a provision about maintenance, the Court will generally enforce it as long as, at the time of the divorce, it is not considered unfair.