Under Colorado’s Uniform Premarital and Marital Agreements Act (UPMAA), a prenuptial agreement is enforceable so long as:
- It is in writing and signed by both parties
- Both parties enter into it voluntarily
- There is full and fair disclosure of assets and liabilities
- Each party has the opportunity to consult with independent legal counsel
- The terms are not unconscionable at the time of enforcement
Prenuptial agreements are not just for the wealthy, they're useful for blended families, business owners, individuals with children from a previous relationship, or anyone who wants financial clarity.
What Is a Postnuptial Agreement?
A Postnuptial Agreement is similar to a prenuptial agreement, but it is executed after a couple is already legally married. Colorado recognizes the enforceability of postnups under the same statutory framework (UPMAA) as prenups, so long as the same legal standards are followed.
Couples may choose a postnup to:
- Clarify financial responsibilities during the marriage
- Address changes in wealth, inheritance, or business interests
- Establish terms for property division in the event of divorce
- Update or replace a prenuptial agreement
- Rebuild trust after a financial or relationship issue
Postnuptial agreements can help set guidelines for the distribution of assets and debts should the parties go through a divorce. It can save both parties considerable expense and emotional turmoil in a divorce.
Why Consider a Prenup or Postnup?
Contrary to popular belief, these agreements are not about planning for failure. They’re about providing guidelines in case a divorce occurs.
Benefits of a prenuptial or postnuptial agreement include:
- Defining separate and marital property
- Protecting family inheritances or business interests
- Avoiding costly and emotional litigation in the event of divorce
- Providing certainty and reducing conflict
- Creating financial expectations in blended families
With proper legal guidance, a prenup or postnup can be a smart, proactive tool to avoid a costly divorce.
Are Prenups and Postnups Enforceable in Colorado?
Yes, but only if properly drafted and executed.
Colorado courts carefully review these agreements to ensure that:
- Both parties had adequate legal representation (or knowingly waived it in writing)
- All assets and debts were disclosed honestly and fully
- The terms are not one-sided, exploitative, or hidden
- The agreement does not limit or waive child support obligations
At the Law Office of Greg Quimby, P.C., we ensure your agreement meets all statutory requirements and will stand up in court if challenged.
Our Services
Our family law attorneys can assist you with:
- Drafting new prenuptial or postnuptial agreements
- Reviewing existing agreements
- Amending or updating prior agreements
- Negotiating terms on your behalf
- Ensuring your agreement aligns with Colorado law and your long-term goals
Serving Families Across Southern Colorado
We proudly serve individuals and couples throughout:
- Colorado Springs
- And surrounding areas
Whether you're planning your marriage or redefining the terms of an existing one, we’re here to offer experienced, client-focused legal support every step of the way.
Schedule a Consultation Today
Thinking about a prenuptial or postnuptial agreement? Start the conversation now with a legal team you can trust.
Call us today at (719) 442-6842 or contact us online to schedule a confidential consultation.
Protect your assets. Clarify expectations. Plan your future with confidence.
