Colorado Revised Statutes Sections 14-2-307 and 14-2-309 state that premarital agreement will not be enforced if there is proof of any of the following:

• The agreement was signed under duress or coercion
• One party was prevented from seeking the advice of independent legal counsel before signing
• One party fraudulently concealed financial information
• The agreement is unconscionable. So, what is unconscionable? Well, it is tricky to pinpoint, because unconscionability is decided by a judge on a case-by-case basis. If an agreement is deemed unconscionable, then the result could an entire agreement being voided as a whole, or individual provisions being stricken.

Prenuptial agreements in Colorado can address a wide range of different topics that could affect each individual’s finances and property in the event of a divorce.

Courts will often accept and enforce agreements that outline the following:

• Couples may define which assets that should be considered “separate property,” including a closely held business or premarital assets
• Couples may define how those assets may be divided, or not in the event of a divorce
• Choosing to waive or decide on spousal support
• Detailing which debts should be considered marital debts and which debts should be the sole obligation of one spouse
• Consulting with or hiring an attorney is always a good idea if you have legal questions, want legal advice or representation.