Colorado Common Law Prenuptial Agreement

Unacceptable will be decided on a case-by-case basis and could lead to the cancellation of an entire agreement or the application of certain provisions. If you think back to your marital agreement, you now realize that the conditions are really not very beneficial to you. You may be wondering if you have any means to challenge the marital agreement in court. Depending on your circumstances, it may be possible to challenge the terms of your marriage contract. In addition, those who believe that a pre-marital agreement can benefit their impending marriage should hear all the concerns of their partner with an open mind. While the development of a marriage agreement can be of great benefit to many couples, some partners may be reluctant to give the idea of designing one with their future spouse. To ensure that the conversation is successful, contractor states that future spouses should: Courts generally maintain valid marriage contracts in Colorado, but there are certainly circumstances that could invalidate your contract. If you sign z.B the marriage agreement under duress, that might be enough to meet a challenge. Examples of coercion could be your spouse`s pregnancy and refusal to marry without the document, or the parents of you who threaten your union or inheritance if you have not signed the marriage agreement. 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. 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. Unfortunately, not everyone insists that their spouse get independent advice before accepting the terms of a marriage pact. It may have been an attempt to exploit you at the time, but it may benefit you in the event of a divorce: it will influence the court`s review of the validity of the document. Finally, if it is clear that the marriage agreement was developed solely to protect your spouse`s interests and not for you, the courts may consider this unacceptable. A marriage agreement should provide benefits to both parties and protection to any spouse. A document that is inherently geared towards the protection or benefit of a spouse may be struck down by the courts. Clients often ask us what a marriage means in the event of a divorce. The answer? It depends on the language of the marital arrangement – it could mean anything depending on what the spouses have agreed.