Requirements for a Prenup to Be Enforceable

Requirements for a Prenup to Be Enforceable

Prenuptial agreements are highly effective tools used to determine the outcome of certain financial issues should the marriage end. While you can make a prenup agreement without legal representation, it isn’t advisable to do so as it could be unenforceable. 

Prenuptial agreements have risen in popularity over the past several decades. When done correctly, they are enforceable by the court and can save couples time and expense if they ever decide their marriage is coming to an end. If you are going to take the time and effort to create a prenuptial agreement with your future spouse, you want to ensure that it will be enforceable should you need to rely on it one day. By hiring experienced Aurora prenuptial agreement lawyers, you can ensure that your agreement will be enforceable if and when you need to fall back on it. 

The Uniform Prenuptial Agreement Act 

The Uniform Prenuptial Agreement Act (UPAA) is a law many states, including Colorado, have adopted to govern the enforceability of prenup agreements. Under this law, all prenup agreements must be in writing. Oral agreements aren’t legally binding. Both parties must sign the agreement. Since the prenup agreement is specific to financial matters in the marriage, it doesn’t become effective until the legal marriage.

When are Prenups Unenforceable in Colorado?

Colorado courts won’t enforce a prenuptial agreement if the opposing spouse can show that they:

  • Signed the agreement involuntarily or under duress – for example, they signed it out of fear of physical or psychological harm
  • Didn’t have access to legal representation; for example, they didn’t have time to decide if they wanted to hire a lawyer for advice
  • Wasn’t provided suitable financial disclosures from the other spouse before signing the agreement—suitable means reasonably accurate descriptions and estimates of their income, property, and debts

Keep in mind that a future spouse refusing to marry someone unless they sign the prenup agreement doesn’t fall into the under-duress requirement. They must have feared for their safety. Springing a prenup agreement on a future spouse the day of the wedding is typically not a good idea, as it will likely be unenforceable because the spouse didn’t have time to find or consult with an attorney.

Are You Required to Hire Aurora Prenuptial Agreement Lawyers?

In Colorado, you aren’t required to have legal representation to sign a prenup agreement. However, if you choose not to, the contract must include a waiver about the lack of representation.  In some cases, the court may consider the absence of attorney consultation when determining whether the agreement is binding or unacceptable.

Even though it is not a legal or enforceability requirement, it’s imperative to have the help of Aurora prenuptial agreement attorneys to ensure that you understand the agreement you are making and that it is enforceable in the future.

Aurora Prenuptial Agreement Lawyers Can Help

Whether you need to create a prenup agreement or need help with one that is already in effect, we are here to help. We pride ourselves on ensuring that you understand the implications of your agreement as well as your legal rights. Call CNL Law Firm, PLLC at (720) 370-2171, or use our simple online form to receive your free legal consultation with skilled Aurora prenuptial agreement attorneys today. 

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