Add Field Validation Legal Colorado Premarital Forms For Free

Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.

A wife has the same rights as her husband to seek her fair share in divorce matters, such as property division and alimony (spousal maintenance). Each of these issues is determined separately during divorce, with its own guidelines and factors to consider.

C.R.S. 14-2-302(2) (Emphasis added). Note the emphasized language. While a prenuptial agreement is used by a couple who intends to marry, a postnuptial agreement is intended for a couple who is already married, and intend to remain married.

Colorado is not a “50/50 state” in the strict sense in either of these family law issues. Both in marital property division and child custody, the focus is on equitable and fair solutions tailored to individual circumstances, rather than an automatic equal split.

In Colorado, you can't just kick your spouse out of the house during a divorce. Both of you have a right to stay there until the divorce is sorted out, unless a judge says otherwise.

Colorado courts are required to divide marital property equitably, which simply means “fairly.” The term “equitable” does not mean “equal,” it means “fair.” Because of this, a Colorado court does not need to divide your assets in half—they can actually divide them 60%/40% or in some other manner, depending on the ...

Lastly, the agreement needs to be validly executed by both parties. In other words, the prenup needs to be notarized by a prenuptial attorney. The contents of a Colorado prenuptial agreement typically cover: Property division.

For a prenup to be valid, the parties to the agreement must provide full disclosure of assets to each other. They both must be fully informed about what the other has before signing. This would include all property and all debts, you should be fully aware of the financial situation of your soon to be spouse.

Colorado Statute §14-2-302(2) refers to prenuptial and postnuptial agreements as “marital agreements.” The law requires both couples to sign the agreement in order for it to be enforceable. Couples sign a prenuptial agreement before they marry, and the plan becomes effective after the marriage.