Colorado Premarital Agreement Act

On the other hand, anyone who is considering proposing an agreement or actively discussing with a spouse at a time of drafting a project in accordance with Colorado law and who meets the client`s wishes. The parties to a pre-marital agreement should all have independent legal assistance, even if they agree on conditions and support the agreement. This is just a broad introduction to the type of legal issues concerning Colorado`s pre-marriage agreements. Ask a lawyer for all the questions and advise you on your particular circumstances. Although it`s not the most romantic concept in the world, a couple thinking about marriage in Colorado can enter into a marriage contract or contract before marriage. Such agreements, while not usual, are usually signed when a party has or is expected to have significant or expected assets or separate income. They deal with property and financial issues after the dissolution or separation of the couple, but if the marriage is annulled, it is generally not imposed, unless necessary to avoid an injustice. C.R.S. 14-2-308.

A marital agreement known as a “premarital agreement” in Colorado is “an agreement between persons who wish to marry by confirming, changing or renouncing a marital obligation during marriage or upon separation, dissolution, death of one spouse or occurrence or absence of another event.” C.R.S. 14-2-302 (5). If the parties are preparing to divorce, they should have a separation agreement that will be prepared in preparation for the divorce. A post-marriage agreement, concluded as part of the divorce process and not to preserve the marriage, cannot be applicable if a separation agreement should have been entered into instead. As a general rule, a matrimonial agreement explains how the assets of the parties at the time of marriage and the assets that accumulate during the marriage are distributed after the divorce. Colorado courts have recognized and forced marital agreements for more than 100 years and have found that Colorado`s public policy is to maintain such agreements in general. However, in certain circumstances, a court is not in a position to enforce the agreement. The first basis for challenging a marital agreement is when a person has signed the marriage agreement involuntarily or under duress. If a party asserts its involuntary nature, a court will consider all of the circumstances, including (1) the possibility of reviewing and considering the agreement, see In re Marriage of Ross, 670 pp. 2d 26, 28 (Colo). App. 1983); (2) the practicality of the parties in legal and financial matters, see In re Marriage of Ingels, 596 p.2d 1211, 1214 (Colo.

and (3) knowledge of the nature, scope and value of the rights conferred by the agreement, see Linker/. Linker, 470 p.2d 921, 134 (Colo.

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