Colorado Prenuptial Agreement Laws: Requirements and Enforceability

Colorado prenups are governed by the Uniform Premarital and Marital Agreements Act, C.R.S. §§ 14-2-301 to 14-2-313, for agreements signed on or after July 1, 2014. A prenup must be in a record signed by both parties, and C.R.S. 14-2-309 lets a court refuse to enforce it for duress, lack of access to a lawyer, an unrepresented party not getting the waiver notice or a plain-language explanation, or inadequate financial disclosure.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital and marital agreements under Colorado's Uniform Premarital and Marital Agreements Act, C.R.S. 14-2-301 to 14-2-313, with a note on property division under 14-10-113. It does not cover agreements signed before July 1, 2014 in detail, separation agreements made when a divorce or legal separation is pending, civil-union-specific rules, or other states' law. It is general information, not drafting guidance.

Which law governs prenups in Colorado

Colorado enacted part 3 of article 2 of title 14, which C.R.S. 14-2-301 says "may be cited as the Uniform Premarital and Marital Agreements Act." HB 13-1204 repealed and re-enacted that part, effective July 1, 2014.

Date matters. Under 14-2-303(1), the Act applies to agreements signed on or after July 1, 2014. An older agreement may be judged under the earlier statute. In In re Marriage of Zander, 2021 CO 12, the Colorado Supreme Court applied the pre-2014 act to a 2007 agreement between spouses.

Formal requirements for a Colorado prenup

C.R.S. 14-2-306 sets the formalities:

"A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration."

• Record and signature. The Act defines "record" to include electronic media (14-2-302(7)) and "sign" to include electronic symbols (14-2-302(8)).
• No notarization or witness requirement appears in 14-2-306.
• No consideration is needed beyond the agreement itself.
• When it takes effect. "A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties." (14-2-307)

Missing the formalities is fatal. Section 14-2-309(8) says an agreement or amendment "that is not in a record and signed by both parties is unenforceable."

The Zander decision shows how strictly Colorado courts have applied the writing requirement. Under the act in force in 2007, the court held that an oral agreement between spouses to exclude property from the marital estate was invalid, and later conduct could not stand in for the required signed writing.

When a Colorado prenup is unenforceable

C.R.S. 14-2-309(1) places the burden on the person resisting the agreement. It is unenforceable if "a party against whom enforcement is sought proves" any of four things:

Access to independent legal representation. Under 14-2-309(2), a party has access to a lawyer if they had reasonable time to decide whether to retain one, to locate one, and to consider the lawyer's advice, and, where the other party is represented, they could afford a lawyer or the other party agreed to pay reasonable fees. The statute ties enforceability to having a real opportunity to consult a lawyer, and 14-2-309(1)(c) provides the waiver-notice route for a party who signs without one.

Notice of waiver of rights. If a party signs without independent counsel, 14-2-309(3) calls for conspicuous language substantially similar to the statutory notice. That notice warns that by signing, a person may be giving up support, ownership or control of property, property rights if the marriage ends or a spouse dies, and the right to legal fees, and may be agreeing to pay debts.

Financial disclosure. Under 14-2-309(4), disclosure is adequate if the party received "a reasonably accurate description and good-faith estimate of value of the property, liabilities, and income of the other party," or already had adequate knowledge or a reasonable basis for it. The text of 14-2-309 cited here contains no provision for waiving disclosure; subsection 14-2-309(4)(b) is marked reserved.

No waiting period. None of the Act's sections (14-2-301 through 14-2-313) sets a minimum number of days between presenting and signing a prenup. Timing still matters through the access-to-counsel test, which asks whether a party had reasonable time.

Spousal maintenance and attorney fee waivers

Colorado adds a second, later checkpoint for two kinds of terms. Under 14-2-309(5), an agreement that survives the four tests above is still unenforceable "insofar, but only insofar, as the provisions of such agreement, amendment, or revocation relate to the determination, modification, limitation, or elimination of spousal maintenance or the waiver or allocation of attorney fees, and such provisions are unconscionable at the time of enforcement."

That means a maintenance waiver that looked reasonable at the wedding can be tested again when someone tries to enforce it, and the court decides unconscionability as a matter of law. For how maintenance works without an agreement, see Colorado alimony laws.

What a Colorado prenup cannot do

C.R.S. 14-2-310(2) makes these terms unenforceable:

• a term that "adversely affects a child's right to support" (14-2-310(2)(a));
• terms that limit remedies for domestic violence;
• terms that modify the grounds for legal separation or dissolution;
• terms that penalize a party for starting a legal separation or dissolution case; and
• terms that violate public policy.

Parenting terms. Under 14-2-310(3), "A term in a premarital agreement or marital agreement which defines the rights or duties of the parties regarding custodial responsibility is not binding on the court."

Changing or revoking a prenup

The Act defines an amendment as "a modification or revocation of a premarital agreement or marital agreement" (14-2-302(1)). Like the original, an amendment or revocation must be in a record signed by both parties, or it is unenforceable (14-2-309(8)).

Time limits for enforcing. Under 14-2-311, any statute of limitations for a claim under the agreement "is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."

Postnuptial agreements in Colorado

The same Act covers agreements made during marriage. A marital agreement is "an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation" during the marriage or at separation, dissolution, death, or another event (14-2-302(2)). It must meet the same formalities (14-2-306) and enforceability tests (14-2-309), and it takes effect when both spouses sign (14-2-307).

The Act does not cover agreements signed while a dissolution or legal separation is anticipated or pending (14-2-303(3)(b)). Those fall under Colorado's separation-agreement statute, C.R.S. 14-10-112.

How Colorado divides property without a prenup

Colorado is an equitable distribution state, not a community property state. Under 14-10-113, the court divides marital property "without regard to marital misconduct, in such proportions as the court deems just," and property excluded by a valid agreement is not marital property (14-10-113(2)). See Colorado divorce laws for the full process.

Who drafts a Colorado prenup

Prenups are drafted and reviewed by lawyers licensed in Colorado. Section 14-2-309 makes access to independent counsel, and the waiver notice for a party who signs without counsel, central to whether the agreement holds up.

Disclaimer: This article provides general legal information about premarital and marital agreements under Colorado's Uniform Premarital and Marital Agreements Act, C.R.S. 14-2-301 to 14-2-313. It is not legal advice and is not a template. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Colorado.

Related

• Prenuptial agreement laws in every state
• Colorado divorce laws
• Colorado alimony laws
• Colorado child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Colorado?

Yes, if they meet the Uniform Premarital and Marital Agreements Act. An agreement in a signed record is enforceable unless the challenging party proves one of the grounds in C.R.S. 14-2-309.

Does a prenup need to be notarized in Colorado?

C.R.S. 14-2-306 requires a record signed by both parties and does not require notarization or witnesses.

Do both parties need a lawyer for a Colorado prenup?

Not necessarily, but an agreement is unenforceable if a party lacked access to independent legal representation, or had no counsel and received neither the statutory waiver notice nor a plain-language explanation of the rights being modified or waived (C.R.S. 14-2-309(1)(b)-(c)).

Can a Colorado prenup waive alimony?

A prenup can address maintenance, but those terms are unenforceable to the extent they are unconscionable at the time of enforcement (C.R.S. 14-2-309(5)).

Can a prenup decide child custody or child support in Colorado?

No term may adversely affect a child's right to support, and terms on custodial responsibility are not binding on the court (C.R.S. 14-2-310).

Are postnuptial agreements valid in Colorado?

Yes. The same Act governs marital agreements between spouses who intend to remain married; they must be in a signed record and take effect when both sign (C.R.S. 14-2-302(2), 14-2-306, 14-2-307).