Note that some of the above requirements were imposed when Colorado passed the single law, so that only marriage contracts signed after July 1, 2014 apply. The agreement signed before that date is maintained if it complied with the law at the time of its signing. Graham Law represents dissolution clients who have a marital or post-marital agreement and will argue whether they are enforceable, but our company does not understand them. The application of pre-marital and marital agreements continues to grow for all types of couples, as these agreements can be as broad or as narrow as desired by the parties. For young couples, such agreements may be the best way to ensure that current and future interests in gifts, estates and trust interests are protected and remain separated. For couples who marry later in life or with children from previous relationships, agreements with a broader scope can ensure that the wealth previously created is protected for children, grandchildren and charities. Colorado`s New Act allows couples to enter into contracts on their property rights before or during their marriage or civil union in the event of the death of one of the parties or in the event of a legal dissolution of the relationship. In addition to legal requirements, practitioners should adhere to three basic good practices for a valid pre-marital or marital agreement: (i) have sufficient time to verify, review and negotiate the agreement: (ii) provide financial information, including all assets, liabilities and sources of income; and (iii) obtain independent advice for each party. 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. The terms of a pre-marital or marital contract are similar to any other contract, with the following exceptions: a conjugal agreement known in Colorado as a “pre-marital agreement” is “an agreement between persons who wish to marry, confirming a marital right or conjugal obligation during marriage or separation of marriage, marital dissolution, death of one of the spouses , changes or renounces it. or the occurrence or non-appearance of another event. C.R.S. 14-2-302 (5).
Even if both parties agree, Colorado will not apply certain conditions in pre-marital and marital agreements, including those that, with respect to parenthood, are required by the judge to consider the welfare of children at the time of divorce or separation, regardless of an agreement between the parties. And let`s be honest, at the time of marriage, it is quite difficult to know what interest for children who are not yet born in the best years. If a non-state marital or post-marital agreement does not have a choice of legal name and the couple terminates their marriage in Colorado, Colorado law will apply. C.R.S. 14-2-304 (1) (b). 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.