Prenuptial and Postnuptial Agreements
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Many people think of prenuptial and postnuptial agreements as documents that anticipate divorce. At Fisher & Associates, P.C., we take a different view. These agreements are not predictions of what will go wrong—they are tools that help couples strengthen their relationship by giving them the chance to make clear, thoughtful decisions in advance, long before any potential conflict arises. A well-crafted prenuptial or postnuptial agreement allows couples to clarify how property will be treated, how responsibilities will be shared, and how to protect each other should major life events occur. By clarifying expectations early, couples prevent misunderstandings, eliminate uncertainties, and move forward with a stronger sense of trust.
Colorado has a clear legal framework governing marital agreements, and understanding these rules can help you decide whether a prenup or postnup is right for you. What follows is a general explanation of how these agreements work, what Colorado law requires, and how we guide our clients through developing an agreement that reflects their goals and values.
Colorado’s Legal Framework for Marital Agreements
In Colorado, the Uniform Premarital and Marital Agreements Act governs both prenuptial agreements (signed before marriage) and postnuptial agreements (signed after marriage). The purpose of the Act is to bring structure, fairness, and predictability to marital agreements, ensuring that spouses enter them voluntarily and with full financial awareness.
Under the Act, marital agreements may affirm, modify, or waive marital rights or obligations during the marriage, at legal separation, at divorce, or upon the death of one of the spouses. A premarital agreement becomes effective when the marriage occurs, while a postnuptial agreement is effective once both spouses sign it. Colorado applies the same legal standards and enforcement rules to both types of agreements.
What Issues Can Be Addressed in Marital Agreements
One of the advantages of marital agreements is their flexibility. Colorado law gives couples wide freedom to shape their financial arrangements—both during the marriage and if they later separate or divorce.
In practical terms, this means you and your spouse can make decisions in advance about how to treat property you already own, how to manage anything you acquire in the future, and how assets and debts would be divided if the marriage ends. Many couples use these agreements to spell out how they want to handle the home, savings, investments, or a family-owned business under a variety of circumstances. They can also be used to decide who will manage certain assets during the marriage and how important financial decisions will be made.
Marital agreements can also address spousal maintenance (alimony). You can outline whether support will be paid, and if so, in what amount and for how long. A court will still review these terms later at the time they are applied to make sure they are fair and not unconscionable, but having the discussion early gives both partners clarity and a better understanding of their rights and obligations going forward.
Marital agreements can also coordinate with your estate planning. For example, you can decide in advance what each spouse will receive from the other’s estate or clarify plans when one or both spouses have children from prior relationships. This can be especially valuable for blended families or when one spouse wants to protect inherited or family-owned property.
Finally, Colorado allows couples to include many other financial arrangements as long as they don’t violate public policy and don’t limit a child’s right to support. This flexibility lets you craft an agreement that fits your unique circumstances—whether that means planning around a business, preserving future inheritances, or simply setting expectations that reduce uncertainty and support a healthier marriage.
Why Timing Matters
The timing of when you begin talking about a prenuptial or postnuptial agreement can make a big difference in how smooth and fair the process feels for both partners.
For prenuptial agreements, it’s best to start the conversation well before the wedding—ideally several weeks or even months in advance. Giving yourselves plenty of time ensures that neither partner feels rushed, pressured, or caught off-guard. When a prenup is presented at the last minute, courts may take a closer look at whether each person had a genuine opportunity to read the agreement, ask questions, seek legal advice, and make thoughtful decisions. Starting early helps protect the agreement and, just as importantly, helps protect the trust between you and your future spouse.
Postnuptial agreements involve a different type of timing. Couples often consider a postnup after a significant life event—such as launching a business, receiving a large inheritance, updating an estate plan, or making major financial changes. Addressing these issues soon after they arise allows both spouses to fully understand the implications, discuss their goals, and put protections in place while everything is still clear and fresh in their minds. This early action can prevent misunderstandings later and give each partner added peace of mind.
At Fisher & Associates, P.C., our family law attorneys understand the importance of timing. We work closely with couples to help them navigate these timing considerations in a way that supports open communication, reduces stress, and keeps the process of crafting and entering into marital agreements as smooth and constructive as possible.
Issues That Marital Agreements Cannot Control
Although prenuptial and postnuptial agreements offer couples significant freedom to plan their financial lives, Colorado law sets firm boundaries on what these agreements can—and cannot—address. Some topics are simply off-limits, even if both partners strongly agree. For example, issues involving children—such as child support, parenting time, and decision-making responsibility—cannot be predetermined in a prenup or postnup. Colorado law requires judges to make those determinations based on the child’s best interests at the time of a separation or divorce, not years earlier when circumstances may have been very different.
There are additional protections as well. A marital agreement cannot waive or restrict legal remedies related to domestic violence, nor can it include provisions that violate public policy or interfere with the court’s authority. If an agreement contains a term that crosses one of these legal boundaries, the court will simply disregard that specific provision and enforce those remaining portions of the agreement that continue to be valid.
These limitations exist to ensure that decisions involving children are always in their best interests at the time they are made, that the safety of both spouses is prioritized, and that all essential legal protections are preserved. This enables couples to plan responsibly while making sure no agreement that they might reach undermines the rights or well-being of anyone involved.
Modifying or Revoking a Marital Agreement
Life doesn’t stand still, and your financial picture or family needs may look very different years after you first signed a prenuptial or postnuptial agreement. Colorado law understands this and allows couples to update or revoke their marital agreements at any time, as long as both spouses agree in writing. This flexibility can be especially important when families grow, careers shift, a business expands, or new assets or inheritances come into play.
At Fisher & Associates, P.C., our family law team frequently helps clients review older marital agreements to ensure they support their current goals. In some cases, only a small update is needed. In others, couples decide that entering into an entirely new agreement is the best option. No matter the situation, we can guide you through reviewing, updating, or replacing your marital agreement so that it aligns with your current goals, protects your interests, and supports your long-term plans.
Requirements for Enforceability in Colorado
Colorado has detailed rules for when a premarital or marital agreement will be considered legally valid. These safeguards are designed to protect both partners and ensure that they entered the agreement willingly and with enough information to make informed decisions.
To be enforceable, a marital agreement must be in writing and signed by both spouses. Each person must have entered into the agreement voluntarily, without pressure, coercion or undue influence. Colorado law also requires that each person have meaningful access to independent legal counsel. This doesn’t mean you must hire a lawyer, but you must have a genuine opportunity to consult with your own attorney before signing the agreement if you wish to do so.
The financial disclosures provided during the process must be reasonably complete and accurate. A spouse may choose to waive this requirement, but the waiver must be done knowingly and in accordance with Colorado law.
Finally, any terms related to spousal maintenance or attorney fees must not be unconscionable at the time the agreement is enforced. This gives the court the ability to step in if life circumstances have changed so dramatically that a previously acceptable term would now be unfair or oppressive.
The Importance of Independent Legal Counsel
Colorado law does not require each spouse to hire their own attorney, but it does require that both individuals have a real and meaningful opportunity to seek independent legal advice before signing a prenuptial or postnuptial agreement. This means each partner must be given enough time to decide whether they want a lawyer, to find one if they choose to, and to receive genuine, meaningful legal guidance if they seek it.
At Fisher & Associates, P.C., we strongly recommend that each spouse have their own attorney throughout the martial agreement process. When both partners have their own lawyers, the process of entering into a marital agreement is more balanced, more transparent, and ultimately more comfortable for both spouses. Independent representation also strengthens the enforceability of the agreement by showing the court that both spouses understood their rights and what they were signing. Most importantly, having separate lawyers helps ensure that both spouses feel supported, informed, and confident as they make decisions that will shape their financial futures.
Strengthening Communication, Building Transparency
Many couples are pleasantly surprised by how much clarity and peace of mind a marital agreement can bring. Talking openly about finances—such as how you’ll handle property, savings, spending, and long-term goals—can lead to deeper, more meaningful conversations that might not have happened otherwise. A prenup or postnup provides a structured way to discuss important topics like income, debt, and future plans in a thoughtful and proactive manner.
Far from being a sign of mistrust, these conversations often build greater understanding and connection between partners. At Fisher & Associates, P.C., we regularly see couples come out of the process feeling more aligned, more secure, and more confident in their financial future together. Having a clear agreement in place can reduce uncertainty, strengthen communication, and support a healthier, more resilient relationship.
Financial Disclosure Requirements
Full and honest financial disclosure is essential to creating a valid marital agreement. If one spouse does not receive complete and accurate financial information—or does not knowingly and properly waive the right to receive it—and also lacks independent knowledge of the other spouse’s finances, the agreement may be open to challenge later. In other words, both partners need a clear picture of the financial landscape before making long-term decisions.
A thorough financial disclosure typically includes details about real estate, bank accounts, investments, business interests, retirement savings, pensions, and significant debts such as mortgages, student loans, or credit lines. In some cases, it may also include information about anticipated inheritances when those expectations are substantial and reasonably foreseeable.
At Fisher & Associates, P.C., our family law team assists clients in gathering, organizing, and preparing the financial disclosures needed to support a valid marital agreement. By ensuring that both spouses have a complete and accurate understanding of each other’s financial situation, we help create a strong foundation for an agreement that is fair, transparent, and well-positioned to be enforced should it be challenged in the future.
How Courts Apply Marital Agreements During Divorce
If a couple who have entered into a prenuptial or postnuptial agreement later separates or divorces, Colorado courts will generally enforce the agreement so long as it complies with Colorado law. When reviewing a marital agreement, the court focuses on several key questions: Was the agreement signed voluntarily? Did both spouses receive proper financial disclosure or knowingly waive that right? And are the terms—particularly those involving maintenance—fair and not unconscionable at the time they are applied? If these standards are met, the court will typically uphold the agreement and rely on it when making property distributions and resolving other financial issues.
Disputes Over the Validity of a Marital Agreement
Even with a carefully written prenuptial or postnuptial agreement, disagreements can sometimes arise about how the terms should be applied or whether one spouse is required to follow certain provisions. In Colorado, a valid marital agreement is treated as a legally enforceable contract. This means that if one spouse tries to ignore or violate the agreement, the other spouse has legal options to protect their rights.
If questions come up during the marriage—before any separation occurs—many couples begin by seeking legal guidance to understand what the agreement actually requires or to clarify any unclear language. In some situations, a spouse may choose to ask the court for a declaratory judgment, which is a formal ruling confirming the agreement’s validity or explaining how specific terms should be interpreted or enforced.
If disputes or questions arise after separation, the process typically becomes more formal. Once a couple separates or begins the divorce process, the court will review the marital agreement as part of the case. If one spouse claims the agreement should not apply—or argues that certain terms are unfair or invalid—the court will evaluate whether the agreement meets Colorado’s legal requirements, including whether it was voluntary, properly disclosed, and not unconscionable. If the agreement is valid, the judge will enforce it and incorporate its terms into the final orders, including those on property division and spousal maintenance. If the court finds that certain provisions are unenforceable, it will generally disregard those portions and decide those issues based on Colorado law.
At Fisher & Associates, P.C., our family law attorneys help clients navigate disputes involving martial agreements with both legal skill and professionalism. Whether the concern involves property, financial obligations, or confusion over a particular clause, we guide clients through the steps needed to address the issue, enforce their rights, and ensure the marital agreement works as it was intended.
When a Prenup or Postnup May Be Especially Helpful
Although any couple can benefit from clarifying their financial expectations, there are certain situations where a prenuptial or postnuptial agreement becomes especially valuable. These agreements can offer important protection when one spouse owns a business or professional practice, when there is a large difference in income or assets between partners, or when either spouse has children from a prior relationship, and wants to safeguard their financial interests.
A prenup or postnup can also be helpful when a spouse expects to receive a significant inheritance, or when partners are marrying later in life and want their agreement to coordinate with retirement goals or estate planning. Many couples also turn to postnuptial agreements when major changes occur after the wedding—such as starting a business, receiving an inheritance, or restructuring financial or estate plans.
In all of these situations, a well-crafted agreement can bring clarity and peace of mind by giving both spouses a clear understanding of how their finances will be handled during the marriage and how they would be addressed if the relationship were to end.
Prenups and Postnups Are Not Just for the Wealthy
Many people assume that prenuptial and postnuptial agreements are only useful for high-income earners or couples with substantial assets. In reality, these agreements can be just as helpful—sometimes even more so—for couples with more limited resources. A well-crafted agreement can help partners clarify how they want to approach savings, debt, budgeting, and other aspects of their shared finances. It can also address practical issues such as how contributions to a home will be treated, how to manage student loans, or how to support one another if one spouse pauses their career for parenting or education.
For many couples of moderate means, the purpose of a prenup or postnup is not to protect existing wealth, but to protect shared goals—saving for a home, paying down debt, planning careers, or building financial stability together. These agreements encourage honest conversations about priorities and help both partners feel informed and aligned.
At Fisher & Associates, P.C., our family law attorneys understand the value to every couple of clear and open communication on financial goals. We help clients at all income levels craft marital agreements that that promote honesty, stability, fairness, and greater certainty.
The Process of Creating a Marital Agreement
The process of preparing a prenuptial or postnuptial agreement generally begins with each spouse having the opportunity to consult separately with their own attorney. Colorado law does not require both spouses to hire lawyers, but it does require that each partner be given a meaningful chance to seek independent legal advice before signing. Consistent with that requirement—and to avoid conflicts of interest—our firm will generally represent only one spouse during the drafting and negotiation process.
In our first meeting with you, we will discuss your goals, concerns, and priorities so we can clearly understand what you want the agreement to accomplish. Next, you and your spouse will make the required financial disclosures. Once financial information has been exchanged, our team will draft an agreement tailored to your specific goal and objectives. Your spouse will then have the opportunity to review the draft—ideally with their own attorney—so they can ask questions, request revisions, and ensure that they fully understand the terms.
After both you and your spouse are comfortable with the terms of the agreement, you will each sign the agreement, creating a binding contract. If your circumstances or priorities change later, the agreement can be amended or revoked, but only through a written modification signed by both spouses.
At Fisher & Associates, P.C., we emphasize clarity, fairness, and meaningful communication throughout the process of negotiating and finalizing a marital agreement. We will guide you through each step in a way that is both constructive and respectful, with the goal of helping you reach an agreement with your spouse that supports your long-term goals and strengthens the stability of your relationship.
Common Concerns and Misunderstandings
It’s very common for people to feel hesitant or uncomfortable bringing up the idea of a prenuptial or postnuptial agreement. Many worry that raising the topic might be interpreted as a lack of trust or a sign that they doubt the future of the relationship. In reality, these conversations often have the opposite effect. Talking about financial expectations early on can strengthen communication, reduce misunderstandings, and eliminate the stress that comes from uncertainty. A prenup or postnup is not about assuming the relationship will fail—it is about being thoughtful, responsible, and transparent as you plan your future together. These agreements give each spouse a clear understanding of the other’s long-term goals and create shared expectations that support a healthier partnership.
Another common misconception is that a prenup automatically favors the spouse with greater income or assets. In fact, Colorado law is specifically designed to protect both partners. The statutory framework requires that each spouse enter the agreement voluntarily, have a meaningful opportunity to seek independent legal counsel, and receive full and accurate financial disclosure, unless they specifically waive that right. These safeguards ensure that neither spouse is taken advantage of and that both individuals fully understand the terms of the marital agreement before signing. When created properly, a marital agreement can provide clarity and security for both partners—not just the one with more resources.
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