Free Colorado Postnuptial Agreement Template

A Colorado postnuptial agreement is what state law calls a marital agreement. It’s a signed contract between spouses about property, debts, support, and other financial terms. Colorado’s Uniform Premarital and Marital Agreements Act covers these agreements directly, alongside prenups.

Colorado sets out specific content, so this block matters more than usual.

A Written Record Signed by Both

Both spouses must sign the agreement, and any amendment, as a record. Otherwise, it’s unenforceable (C.R.S. § 14-2-309(8)).

A Conspicuous Notice of Waiver of Rights

Did a spouse sign without their own lawyer? Then the agreement needs a notice of waiver of rights or a plain-language explanation of the rights it changes. Without one, it can be unenforceable (C.R.S. § 14-2-309(1)(c)).

The notice must be conspicuously displayed and substantially similar to the statute’s wording, as it applies to your agreement (C.R.S. § 14-2-309(3)). For example, the statutory list covers:

• Support — waiving the right to be supported by your spouse
• Ownership — waiving ownership or control of money and property
• Debts — agreeing to pay your spouse’s bills and debts
• Divorce or death — waiving rights to money and property if the marriage ends or your spouse dies
• Legal fees — waiving the right to have your legal fees paid

Copy the statute’s own wording for each item that applies, rather than paraphrasing it.

Financial Disclosure Terms

Disclosure is adequate when a spouse gets a reasonably accurate description of the other’s property, liabilities, and income, with good-faith values. It’s also adequate if the spouse already had, or reasonably could have had, adequate knowledge of that information (C.R.S. § 14-2-309(4)). So attach those descriptions to your Colorado postnuptial agreement to keep the record in one place.

Four Ways an Agreement Can Fail

A spouse can defeat a marital agreement by proving any one of these (C.R.S. § 14-2-309(1)):

• Their consent was involuntary or the result of duress
• They didn’t have access to independent legal representation
• The notice or plain-language explanation was missing, when they had no lawyer
• They didn’t receive adequate financial disclosure before signing

What Access to a Lawyer Means

Access means reasonable time before signing to decide whether to hire a lawyer, find one, get advice, and consider it. Also, if the other spouse has a lawyer, the spouse must be able to afford one, or the other spouse must agree to pay reasonable fees (C.R.S. § 14-2-309(2)).

Support and Fee Terms Get a Second Look

Even a valid agreement can’t enforce maintenance or attorney fee terms that are unconscionable when someone seeks to enforce them. A court decides that question as a matter of law (C.R.S. § 14-2-309(5)).

No, but each needs access to one. The act doesn’t require both spouses to hire lawyers. Instead, it requires that each had access to independent legal representation, as defined in the statute, before signing.

That choice also affects the notice. A spouse without a lawyer at signing needs the waiver notice or a plain-language explanation in the document. So a Colorado postnuptial agreement signed without counsel on both sides should carry the notice every time.

Run through these steps before anyone signs:

1. Exchange financial descriptions. Each spouse lists property, debts, and income with good-faith values.
2. Give each spouse real time. Leave room to decide on a lawyer, find one, and consider their advice.
3. Settle who pays for advice. If only one spouse has a lawyer, address the other’s ability to hire one.
4. Add the waiver notice. Display it conspicuously, using the statute’s wording for each right affected.
5. Sign as a record. Both spouses sign the agreement, and any later amendment, the same way.