82 Years
of Combined

Invested in Every

Track Record
of Successful

Highly Recommended by Colleagues, Peers & Clients

10.0 Rating
on Avvo

Prenuptial Agreements in Colorado

Although prenuptial agreements may not seem like the most romantic aspect of marriage preparation, they can give you peace of mind knowing that you have a secure financial and emotional future. The process of creating a prenuptial agreement helps couples understand their expectations and can strengthen the bond between them.

If you are considering a prenuptial agreement, it is a good idea to work with an experienced Denver family attorney. Our team at Jones Law Firm, PC can make sure that your agreement is drafted correctly, covers the matters most essential to your situation, and is enforceable in court.

Couples thinking about marriage often have questions about prenuptial agreements. Some of these questions we often answer include:

What is a prenuptial agreement?

A prenuptial agreement, also referred to as a “prenup,” is a contract two spouses enter into before marriage to decide how certain issues will be handled in case of divorce or other events. These agreements are put in place to protect both parties and provide clear instructions as to how the property, debts and other features of their marriage will be managed if the two parties get divorced.

Who should get a prenuptial agreement?

Any couple could benefit from a prenuptial agreement because these agreements help couples analyze present circumstances and anticipate and prepare for potential future scenarios. Prenuptial agreements are particularly beneficial for couples who wish to protect assets, reduce conflict, and make rational decisions that could take effect in case of divorce, death, or other emotionally-charged events.

What issues can a prenuptial agreement cover in Colorado?

Prenuptial agreements can cover a variety of topics, including:

  • How to determine what is marital property
  • Property and asset division in a divorce
  • Whether one spouse will pay the other spouse alimony
  • Details regarding division of debt
  • Legal rights and obligations regarding the will and insurance policies

Prenups are unique for each marriage. A qualified family law attorney will consider details of each couple’s situation when crafting an effective agreement.

What is required for a valid Prenuptial Agreement in Colorado?

For a prenuptial agreement to be valid, certain requirements must be met:

  • The agreement must be in writing
  • Each party must truthfully disclose all property and assets
  • Parties must voluntarily enter into the agreement
  • The agreement must be reasonable and not excessive
  • The agreement must not violate public policy or any laws 

Unlike other types of contracts, prenuptial agreements do not require the parties to exchange consideration for the agreement to be valid. This means the agreement may appear one-sided, with one party not expecting to receive anything in return.

Are prenups enforceable in Colorado?

The Uniform Premarital and Marital Agreements Act, which is incorporated in the Colorado statutes starting at C.R.S. 14-2-301, specifies that prenups are enforceable in Colorado if they are in writing and signed by both parties. Prenuptial agreements may be deemed unenforceable if:

  • The challenging party signed the agreement involuntarily or under duress
  • The challenging party did not receive genuine financial disclosures before entering into the agreement
  • The challenging party did not have access to legal representation prior to signing the agreement
  • The agreement did not include appropriate language regarding waiver of rights (unless the challenging party engaged legal representation) 

If you and your spouse drafted a prenuptial agreement while living in another state, the Colorado family courts will usually enforce it. However, an out-of-state prenup must abide by the legal requirements of the state in which it was created. If you have any questions as to whether your prenuptial agreement is legally enforceable, please do not hesitate to ask a Denver prenuptial agreement attorney from Jones Law Firm, PC.

Schedule a Consultation with a Denver Family Law Attorney Today

Our legal team has extensive experience drafting both prenuptial and postnuptial agreements. If you have questions or want to learn more about how Jones Law Firm could help protect your family and secure your future, contact us today for a fully confidential consultation.

Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

quote iconApril is very knowledgeable of the law and will not let you down.

I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.


quote iconI would have jumped over the net and shook your hand today

Voice message to attorney April Jones from opposing counsel following a successful hearing: Boy I would have jumped over the net and shook your hand today, but there was no net!


quote iconI couldn’t have gotten a better outcome.

April is awesome! She definitely knows what’s going on with everything in court. I couldn’t have gotten a better outcome.


quote iconApril and staff were wonderful.

April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.


quote iconThe firm is professional, positive and grounded in their approach.

Once the process became too difficult for me to navigate through I decided to seek Family Law services.

The firm is professional, positive and grounded in their approach. Everyone in the office is always willing to help and is extremely flexible, which I can say is valued by a working professional. There has always been open and prompt communication. Hannah ultimately won our case, and she did so by having strong intellect, presentation skills, and a genuine interest in the well-being of both my daughter and I. I will continue to value the relationship and expertise long after the issues are resolved.


quote iconApril is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success.

I really appreciated April’s straightforward, no-nonsense approach to settling my divorce. It was very refreshing. April is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success. I will be a customer for life.


read more testimonials

Firm Videos

Family Law Information

Parenting – Tips for Becoming an Involved Parent
play button

Parenting – Tips for Becoming an Involved Parent

Parenting - Tips for Becoming an Involved Parent

Parental Alienation – Parental Alienation: Protecting Your Children

Child Support – Can I Stop Paying Child Support if My Ex Won’t Let Me See My Kids?

Alimony – Does Cheating Affect Alimony in Colorado?

Finances Video – 5 Important Financial Facts to Know Before Separating from Your Spouse

Cheating Video – 5 Things to NOT DO When You Find Out Your Spouse is Cheating

Colorado’s ‘gray divorce’ rate among highest in U.S.

Our Blog

Latest News & Information

21 December 2022
April D. Jones featured in Colorado Biz Magazine

Why It’s Important to Invest in Yourself — and 4 Ways to Do So Leadership roles need competent minds — but having a clear vision means you need to invest in yourself first. by April Jones featured in Colorado Biz Magazine April D. Jones shares with Colorado Biz Magazine four ways business owners can invest in themselves. “If you don’t care for your needs first, you might find yourself drained and unable to care for …

Read More
22 November 2022
Divorcing a Narcissist? How to Protect Yourself and Your Family

When you finally realize your most reliable partner is a narcissist inflicting emotional abuse on you and your children, how do you escape safely? Divorcing a narcissist isn’t always easy, but you don’t have to go through it alone. Colorado divorce attorney April D. Jones and the senior attorneys at Jones Law Firm, P.C., describe the path from identifying your spouse as a narcissist to finding the right divorce attorney to represent you in your …

Read More
View All

Community Involvement

We have a passion for giving back to the community we love.

find out more

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit), and Stuart Wallace in Illinois.