Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Colorado — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Colorado under the Uniform Premarital and Marital Agreements Act.
Colorado replaced its older marital-agreement law with the Uniform Premarital and Marital Agreements Act (UPMAA), codified at Colo. Rev. Stat. §§ 14-2-301 through 14-2-313 and effective for agreements signed on or after July 1, 2014. The agreement must be in a record (written) and signed by both parties; no consideration is required. The UPMAA is the modernized successor to the UPAA, and Colorado's version layers in consumer-style protections — access to counsel and a mandatory plain-language notice for unrepresented parties — that make careless, one-sided prenups fail and careful ones stronger.
A Colorado prenup is enforceable when both parties signed voluntarily with access to independent legal counsel, received adequate financial disclosure, and — if either signed without a lawyer — the agreement contains Colorado's required notice of waiver of rights.
The agreement must be in writing (a 'record') and signed by both parties. Notarization and witnesses are not required by the statute.
Under C.R.S. § 14-2-309, an agreement is unenforceable against a party who lacked access to independent legal representation. If one party has a lawyer and the other can't afford one, the represented party must agree to pay reasonable fees for the other to get independent advice.
If a party signs without their own lawyer, the agreement must prominently include Colorado's statutory plain-language notice explaining the rights being given up. Leaving this language out is a drafting error that sinks agreements.
The agreement fails as to a party whose consent was involuntary or the result of duress, or who didn't receive adequate financial disclosure before signing.
| Governing statute | Uniform Premarital and Marital Agreements Act — Colo. Rev. Stat. §§ 14-2-301 to 14-2-313 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be waived — but the waiver is reviewed for unconscionability at the time of enforcement |
See how Colorado's signing formalities compare in our prenup notarization requirements by state guide.
Colorado courts refuse to enforce prenups when a party lacked access to independent counsel, when the required notice of waiver of rights was missing, when disclosure was inadequate, or when a maintenance waiver is unconscionable at the time of divorce.
The UPMAA gives Colorado judges a sharper checklist than most states: involuntary signing, no meaningful access to a lawyer, a missing statutory notice for an unrepresented party, or inadequate financial disclosure each independently defeat the agreement. And uniquely, maintenance and attorney-fee provisions get a second look — a waiver that was fine at signing can still be refused if enforcing it would be unconscionable years later. An agreement drafted to the UPMAA's requirements, with the notice included and finances disclosed, is precisely what Colorado courts uphold.
Trusted Prenup creates a state-specific Colorado prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
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Review with your partner, then sign online with notarization handled for you.
An attorney-drafted Colorado prenup typically costs $2,500–$10,000+, partly because the UPMAA's counsel requirements add process. Trusted Prenup creates a UPMAA-compliant Colorado prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — the UPMAA only requires the agreement to be in a record and signed by both parties. Notarization is still recommended as proof of authenticity and is available as an add-on.
Yes — Colorado's UPMAA lists specific grounds: involuntary signing or duress, no access to independent legal representation, a missing notice of waiver of rights for an unrepresented party, or inadequate financial disclosure. Drafting to the statute closes each of those doors.
Not necessarily — but both must have ACCESS to independent counsel, and an unrepresented party must get the statutory plain-language notice inside the agreement. If one side has a lawyer and the other can't afford one, the represented side may need to offer to cover the cost. The attorney-review add-on is an easy way to satisfy this.
It's mandatory plain-language text the UPMAA requires in any agreement where a party signs without a lawyer, warning that the agreement may limit rights to property, maintenance, and attorney's fees. If the notice is missing, the affected waivers are unenforceable.
No — agreements signed before that date are governed by Colorado's prior marital-agreement law. Anything signed today falls squarely under the UPMAA, so new agreements should be drafted to its requirements.
Yes — Colorado enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Colorado's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Colorado law and not a substitute for advice from a licensed attorney about your situation.