FORTRESSFamily Law

Prenuptial & Postnuptial Agreements

Denver Prenuptial and Postnuptial Agreement Attorneys

A marital agreement is not a bet against the marriage. It is the one contract you negotiate while you still like each other, and Colorado law rewards doing it properly.

Colorado governs prenuptial and postnuptial agreements through its Uniform Premarital and Marital Agreements Act, adopted in 2014. The act is friendly to agreements done right and unforgiving to agreements done casually: how the agreement was signed matters as much as what it says.

We draft agreements built to be enforced, review agreements our clients have been asked to sign, and litigate enforceability when a marriage ends and the agreement suddenly matters. All three jobs teach the same lesson: the fights are almost never about exotic clauses. They are about process.

How we help

  • Prenuptial agreements under Colorado's Uniform Premarital and Marital Agreements Act
  • Postnuptial agreements for couples who want clarity after the wedding, on the same statutory footing
  • Financial disclosure done properly, because inadequate disclosure is how agreements fail
  • Independent counsel for the other party, arranged the right way instead of waived the risky way
  • Reviewing an agreement you have been asked to sign, before you sign it
  • Enforcing or challenging an existing agreement when a marriage ends

What Makes a Colorado Marital Agreement Hold

Under the act, the classic failure modes are process failures: an agreement signed involuntarily or under duress, a party who lacked access to independent legal advice without the statute's specific waiver, or financial disclosure that was inadequate when the agreement was signed. Draft against those three and most of the enforcement risk disappears.

  • Full financial disclosure, documented and exchanged, is the foundation. Agreements fail on hidden or hand-waved finances more than on any clause.
  • Each party should genuinely have their own lawyer. The statute treats access to independent representation as central, and the waiver path carries specific requirements.
  • Timing is process too. An agreement negotiated calmly months before a wedding reads very differently from one produced during the countdown.
  • Postnuptial agreements stand on the same statutory footing, for couples who want clarity after the wedding rather than before it, so long as the agreement is not in contemplation of divorce.

What an Agreement Can and Cannot Do

A marital agreement can define separate and marital property, protect a business or an inheritance, protect income, set expectations for maintenance, and spare a future court months of valuation fighting. It cannot prejudice a child's right to support, and courts retain review over certain terms, including maintenance provisions that would leave a spouse in genuine hardship when enforcement is sought. The honest framing: an agreement narrows the fight; it does not abolish the court.

Asked to Sign One? Read This First

If an agreement has been put in front of you, the single best step is your own counsel. We review proposed agreements line by line: what you would be giving up against Colorado's defaults, what is standard, what is aggressive, and what is worth negotiating.

Local courts and where to file

Marital agreements are drafted anywhere but tested, usually years after signing. High-asset metro households, such as those with the Tech Center's equity compensation, are where these agreements earn their keep, though these agreements can be useful across a broad range of incomes and situations.

Last updated August 2026.

Questions we hear

Marital Agreements FAQ

Are prenups actually enforced in Colorado?

Regularly, when they were done properly. Colorado's act respects agreements made voluntarily, with real disclosure and access to independent counsel. The horror stories almost always trace back to process shortcuts, not to courts hostile toward agreements.

We are already married. Is it too late?

No. Postnuptial agreements stand on the same statutory footing in Colorado, and couples use them after a business launch, an inheritance, or simply to settle financial expectations. The same process rules decide whether they hold.

Can a prenup decide custody or child support?

No. Children's issues are decided when they arise, under the best interests standard and the support guidelines in force at the time. An agreement that tries to preset them is unenforceable on those points, and a drafter who includes them anyway is telling you something about the draft.

Can we waive maintenance entirely?

You can agree to limits, and courts usually respect them, but Colorado retains a review for terms that would leave a spouse in genuine hardship when the agreement is enforced. A well-drafted maintenance provision anticipates that review instead of pretending it does not exist.

My fiance's lawyer sent an agreement. Can you just look it over?

Yes, and you should insist on exactly that. A review tells you what the agreement takes relative to Colorado's defaults, what is negotiable, and whether the process being followed would even survive a challenge. It is among the highest-value hours a family lawyer can give you.

Does an out-of-state prenup work in Colorado?

Often, but not automatically. Recognition depends on the agreement, where and when it was signed, and the law it chose. If you have moved to Colorado with an existing agreement, a review now beats a surprise later.

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.

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