Getting married in Colorado?
A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Colorado’s premarital agreement law is found at Colo. Rev. Stat. § 14-2-309 to 14-2-313. These sections incorporate the UPMAA’s provisions. For example, C.R.S.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- The UPMAA changed the standard for unenforceability in Colorado.
- Colorado was one of the first states to adopt the Uniform Premarital and Marital Agreements Act (UPMAA) in 2013, replacing its earlier UPAA adoption.
Are prenups legal in Colorado?
Colorado was one of the first states to adopt the Uniform Premarital and Marital Agreements Act (UPMAA) in 2013, replacing its earlier UPAA adoption. A Colorado prenup must be in writing and signed by both parties. There is no requirement for notarization or witnesses in the statute, but to make a valid contract, signatures are typically acknowledged by a notary. The UPMAA (Colo. Rev. Stat. §14-2-301 et seq.
Prenuptial vs Marital Agreements in Colorado
Colorado law recognizes both prenuptial agreements signed before marriage and marital agreements signed after marriage. Both are governed by the UPMAA and evaluated under similar standards.
This matters for couples who delay planning or whose finances change significantly after marriage. While this page focuses on prenups, Colorado’s legal framework allows couples to formalize financial agreements at multiple stages of their relationship.
Why Colorado’s UPMAA Rules Matter
Colorado’s adoption of the Uniform Premarital and Marital Agreements Act changed how courts evaluate prenuptial agreements. Unlike older standards that focused heavily on fairness at the time of signing, the UPMAA places greater weight on informed consent, disclosure, and voluntariness.
This means a Colorado prenuptial agreement is less likely to be invalidated simply because it appears uneven, as long as both parties understood the terms and had a fair opportunity to review them.
What makes a Colorado prenup enforceable?
The UPMAA changed the standard for unenforceability in Colorado.
How Colorado Courts Review Unconscionability
Under Colorado’s UPMAA framework, courts typically evaluate unconscionability at the time the agreement is signed, not based on hindsight alone. The focus is on whether a party lacked meaningful choice or was denied adequate financial information.
Clear disclosure, reasonable review time, and the absence of pressure carry more weight than whether the agreement ultimately favors one party.
What you can—and can’t—include
A Colorado prenup can cover a wide array of financial matters: property division at divorce, spousal maintenance (alimony), responsibility for debts, rights to life insurance benefits, and even choice of law governing the agreement. However, like elsewhere, child support cannot be adversely affected by a prenup (Colo. Rev. Stat. §14-2-311 voids any provision that limits child support).
Choice of Law Clauses in Colorado Prenups
Colorado allows prenuptial agreements to include choice-of-law provisions. This can be relevant for couples who own property in other states or expect to relocate. Courts will generally respect these clauses if they do not violate Colorado public policy.
Disclosure Standards Under the UPMAA
In Colorado, disclosure does not require absolute precision, but it must provide enough information for a party to understand the other’s financial situation. Broad omissions or vague schedules can weaken enforceability under the UPMAA.
Through Trusted Prenup, couples can create a Colorado-focused prenuptial agreement aligned with UPMAA requirements.
Simple process
Colorado couples should approach a prenup with transparency and fairness. Both parties should disclose financial information in writing (attach financial statements or schedules to the agreement).
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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