Prenuptial Agreement - Colorado

PREMARITAL AGREEMENT

(Colorado Uniform Premarital and Marital Agreements Act – C.R.S. §§ 14-2-301 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Separate Property
   3.2 Marital Property & Joint Acquisitions
   3.3 Management & Control During Marriage
   3.4 Spousal Maintenance
   3.5 Debts & Liabilities
   3.6 Estate Planning & Death Benefits
   3.7 Tax Matters

4. Representations & Warranties

5. Covenants & Continuing Obligations
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Premarital Agreement (this “Agreement”) entered into as of [EXECUTION DATE] (the “Execution Date”) by and between:

• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

WHEREAS, the Parties contemplate legal marriage in the State of Colorado on or about [ANTICIPATED MARRIAGE DATE] (the “Marriage”); and

WHEREAS, the Parties desire, pursuant to the Colorado Uniform Premarital and Marital Agreements Act, Colo. Rev. Stat. §§ 14-2-301 to 313 (the “Act”), to establish their respective rights and responsibilities regarding existing and future property, income, and obligations;

NOW, THEREFORE, in consideration of the mutual covenants herein and intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Act” – The Colorado Uniform Premarital and Marital Agreements Act, Colo. Rev. Stat. §§ 14-2-301 et seq.

“Affiliate” – With respect to a Party, any entity controlling, controlled by, or under common control with such Party.

“Business Interest” – Any ownership, equity, or profit participation right in a business entity.

“Execution Date” – The date on which both Parties have signed this Agreement.

“Effective Date” – The date of the Parties' marriage; this premarital Agreement takes effect on marriage under C.R.S. § 14-2-307.

“Fair and Reasonable Disclosure” – The written statement of financial condition delivered by each Party pursuant to Section 4.4.

“Marital Property” – Property classified as marital under Section 3.2.

“Separate Property” – Property classified as separate under Section 3.1.

“Specified Cap” – The aggregate cap on indemnifiable Losses under Section 7.2, equal to [USD AMOUNT] per Party.

3. OPERATIVE PROVISIONS

3.1 Separate Property

(a) Schedule A attached hereto lists all assets each Party owns as of the Execution Date (the “Existing Separate Property”).
(b) Existing Separate Property, together with (i) any appreciation, substitution, exchange, or reinvestment thereof, and (ii) any property acquired after the Marriage by gift, devise, descent, or inheritance to one Party alone, shall remain that Party’s Separate Property.
(c) Except as expressly provided, Separate Property shall not be subject to equitable division upon dissolution or death.

3.2 Marital Property & Joint Acquisitions

(a) All property acquired jointly in both names after the Marriage (“Joint Acquisitions”) shall constitute Marital Property and be divided, upon dissolution, in accordance with C.R.S. § 14-10-113, unless otherwise agreed herein.
(b) The Parties may reclassify identified property only through an amendment signed by both Parties under Section 9.1.

3.3 Management & Control During Marriage

Each Party retains exclusive management, control, and enjoyment of his or her Separate Property. Day-to-day management of Marital Property shall be by mutual consent, which may be implied by course of conduct.

3.4 Spousal Maintenance

(a) Waiver. Subject to subsection (b), each Party knowingly and voluntarily waives any right to receive maintenance (alimony) from the other, both temporary and permanent.
(b) Hardship Exception. If the maintenance waiver is unconscionable when enforcement is sought, it is unenforceable to that extent under C.R.S. § 14-2-309(5); maintenance is then determined under applicable Colorado law.

3.5 Debts & Liabilities

(a) Pre-Existing Debt. Each Party is solely responsible for all debts incurred in his or her name prior to the Marriage (“Separate Debt”) and shall indemnify the other Party therefor under Section 7.1.
(b) Joint Debt. Debts jointly incurred after the Marriage solely for the mutual benefit of the Parties or any child shall be shared equally, absent a written agreement to the contrary.

3.6 Estate Planning & Death Benefits

(a) Elective Share. Each Party hereby waives, to the fullest extent permitted by law, any claim to the statutory spousal elective share or homestead allowance in the estate of the other.
(b) Beneficiary Designations. Each Party may make beneficiary designations subject to applicable law and plan terms. This Agreement alone does not waive a spouse’s survivor rights in a retirement plan subject to 29 U.S.C. § 1055. Where § 1055 requires consent to a different beneficiary or benefit form, the spouse must consent in writing after marriage, acknowledge the effect of the election, and have the consent witnessed by a plan representative or notary public.

3.7 Tax Matters

(a) Filing Status. The Parties will determine annually whether to file joint or separate state and federal income-tax returns.
(b) Liability Allocation. Any tax liability arising from a joint return shall be borne in proportion to each Party’s respective taxable income, unless otherwise agreed in writing.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority & Capacity. Each Party has full legal capacity and authority to enter into this Agreement.

4.2 Voluntariness. Each Party executes this Agreement voluntarily, free from duress, fraud, or undue influence.

4.3 Independent Counsel.
(a) Before signing, each Party had reasonable time to decide whether to retain independent counsel, find counsel, obtain advice, and consider that advice. If one Party had counsel and the other could not afford counsel, the represented Party agreed to pay the reasonable fees and expenses of independent representation for the other Party.
(b) Select one for each Party: ☐ Party A was represented by independent counsel [COUNSEL NAME]; ☐ Party A chose to sign without independent counsel after the access described above.
Select one for Party B: ☐ Party B was represented by independent counsel [COUNSEL NAME]; ☐ Party B chose to sign without independent counsel after the access described above.

4.4 Full Disclosure.
(a) Attached Schedules A-1 and B-1 constitute each Party’s Fair and Reasonable Disclosure of assets, liabilities, and income.
(b) Each Party acknowledges receipt and sufficiency of the other Party’s disclosure.

4.5 Non-Contravention. Execution and delivery of this Agreement does not contravene any court order, contract, or legal obligation binding on either Party.

4.6 Survival. The representations and warranties survive execution and continue in effect throughout the Marriage.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Further Assurances. Each Party shall execute such additional instruments as reasonably necessary to carry out the provisions of this Agreement.

5.2 Notice of Material Change. A Party shall notify the other within thirty (30) days after becoming aware of any material change in financial circumstances that may render a provision hereof unconscionable.

5.3 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement and all disclosures confidential.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
(a) Fails to perform any material obligation hereunder;
(b) Breaches the confidentiality obligation; or
(c) Attempts to invalidate or contests the enforceability of this Agreement other than on grounds recognized under the Act.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default and allow a thirty (30) day cure period.

6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
(a) Specific performance (permitted injunctive relief);
(b) Monetary damages subject to Section 7.2; and
(c) Recovery of costs and reasonable attorney fees.

6.4 Equitable Tolling. Any applicable limitation period is tolled during the cure period.

7. RISK ALLOCATION

7.1 Mutual Indemnification (“Mutual Protection”)

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates from any Losses arising out of:
(i) Separate Debt or Separate Property obligations of the Indemnifying Party;
(ii) A breach of this Agreement by the Indemnifying Party; or
(iii) Fraud or willful misconduct by the Indemnifying Party.

7.2 Limitation of Liability (“Liability Caps”)

Except for fraud, willful misconduct, or obligations to pay child support, the aggregate liability of either Party under this Agreement shall not exceed the Specified Cap.

7.3 Insurance. Each Party shall maintain reasonable insurance (including liability and property coverage) sufficient to protect against foreseeable risks relating to Separate Property.

7.4 Force Majeure. No Party is liable for failure to perform due to acts of God, governmental actions, or other events beyond reasonable control; provided, however, that financial obligations already accrued are not excused.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by Colorado family law and the Act, without regard to conflict-of-law principles.

8.2 Forum Selection. Subject to Section 8.3, any proceeding arising out of or relating to this Agreement shall be brought exclusively in the District Court, Domestic Relations Division, of [COUNTY], Colorado.

8.3 Limited Arbitration.
(a) Elective Scope. By mutual written agreement after a dispute arises, the Parties may submit property-division or maintenance issues (but not child-support or parenting-time issues) to arbitration under C.R.S. § 13-22-206.
(b) Procedure. Arbitration shall be conducted by a retired judge or a JAMS/AAA family-law panelist in [CITY], Colorado, under the organization’s streamlined rules.
(c) Confirmation. Any award may be confirmed in the forum designated in Section 8.2.

8.4 No Jury Trial. The Parties acknowledge that family-law matters in Colorado are decided by the court without a jury.

8.5 Injunctive Relief. A Party may seek temporary or permanent injunctive relief, including specific performance, to enforce this Agreement.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and notarized. No waiver of any provision is effective unless in writing.

9.2 Assignment. Neither Party may assign this Agreement or any rights hereunder without the prior written consent of the other, except by operation of law to a personal representative.

9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, personal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior oral or written agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or DocuSign) are deemed original.

9.7 Headings. Headings are for convenience only and do not affect interpretation.

9.8 Interpretation. The Parties have jointly drafted this Agreement; no presumptions apply against either Party in the event of ambiguity.

10. EXECUTION BLOCK

NOTICE OF RIGHTS THIS AGREEMENT MAY CHANGE OR WAIVE

If you sign this agreement, you may give up support from your future spouse, ownership or control of money and property, and a claim to money or property if the marriage ends or your spouse dies. You may agree to pay your spouse's bills or debts. You may also give up a claim for your legal fees to be paid. Read the property, debt, support, and fee provisions above before signing. This notice applies especially if you sign without independent counsel. (C.R.S. § 14-2-309(1)(c), (3).)

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Execution Date.

NOTARIZATION

State of Colorado )
          ) ss.
County of __________)

The foregoing instrument was acknowledged before me on this ___ day of __________, 20___, by [PARTY A] and [PARTY B].

________________________________
Notary Public
My Commission Expires: __________

SCHEDULES

• Schedule A-1 – Party A Existing Separate Property & Debts
• Schedule B-1 – Party B Existing Separate Property & Debts