Prenuptial Agreement

COLORADO PRENUPTIAL AGREEMENT DEVELOPMENT PACKET

NOT AN AGREEMENT — DO NOT SIGN AS A PRENUPTIAL AGREEMENT

Use this packet to collect facts, disclose finances, identify goals, compare proposed terms, and prepare instructions for independent counsel. It creates no waiver, transfer, support obligation, estate result, dispute process, or enforceable promise.

Do not convert this packet into a signature instrument until current Colorado law, any other potentially applicable law, the planned marriage, the parties' residences and property, and the proposed terms have been reviewed.

1. Matter Control

2. Use and Safety Gate

Before drafting, identify whether the matter involves:

☐ A wedding or signing deadline that may impair meaningful review

☐ A prior marriage, existing marital agreement, separation order, or divorce obligation

☐ Minor or adult dependent children

☐ Pregnancy, adoption, guardianship, or support obligations

☐ A family business, professional practice, farm, partnership, trust, or closely held entity

☐ A beneficiary designation, will, trust, surviving-spouse or family-allowance issue, or other death-related right

☐ Real property in Colorado or another jurisdiction

☐ Property, citizenship, domicile, or marriage connections outside the United States

☐ A pending bankruptcy, collection, tax, probate, fiduciary, or family proceeding

☐ Public benefits, disability benefits, military benefits, immigration, or special-needs planning

☐ Coercion, financial control, domestic violence, incapacity, language barrier, or unequal access to records

Immediate concern and response: [________________________________]

Drafting should pause until: [________________________________]

3. Independent Counsel and Review Timeline

Each prospective spouse should have a separate opportunity to obtain advice from a lawyer who represents only that spouse.

Wedding deposits, invitations, travel, pregnancy, family pressure, housing, immigration, or other timing pressure: [________________________________]

Steps taken to permit meaningful review: [________________________________]

4. Identity, Family, and Relationship Record

Spouse A

Full legal name and prior names: [________________________________]

Date and place of birth: [________________________________]

Citizenship and domicile: [________________________________]

Prior marriages or agreements: [________________________________]

Children and dependents: [________________________________]

Support, custody, guardianship, or fiduciary obligations: [________________________________]

Spouse B

Full legal name and prior names: [________________________________]

Date and place of birth: [________________________________]

Citizenship and domicile: [________________________________]

Prior marriages or agreements: [________________________________]

Children and dependents: [________________________________]

Support, custody, guardianship, or fiduciary obligations: [________________________________]

5. Financial Disclosure Register

Disclosure should be current, valued, traceable, and supported by records. Use a separate line for each material asset, debt, income source, contingent interest, and obligation.

5.1 Assets

Include, as applicable:

☐ Real estate and mineral, timber, water, or development rights

☐ Bank, brokerage, digital-asset, and cash accounts

☐ Retirement, pension, deferred-compensation, and equity plans

☐ Business, partnership, LLC, corporation, practice, farm, and carried interests

☐ Trust, estate, expectancy, beneficiary, power, and fiduciary interests

☐ Insurance, annuity, structured-settlement, and death-benefit interests

☐ Intellectual property, royalties, licenses, publicity, and creative rights

☐ Vehicles, equipment, art, jewelry, collectibles, and other valuable property

☐ Claims, judgments, tax attributes, options, and contingent rights

5.2 Debts and Obligations

Include taxes, support, guarantees, business obligations, litigation exposure, student loans, credit, mortgages, leases, and informal family debts.

5.3 Income and Cash Flow

Expected material change before marriage: [________________________________]

Information unavailable or disputed: [________________________________]

6. Property Classification Goals

This section records negotiating positions only. It does not classify property.

For each category, state the preferred treatment, exceptions, tracing method, records, contributions, and result on separation, divorce, death, sale, exchange, or loss.

Proposed tracing records and burden allocation: [________________________________]

Treatment of commingling, retitling, refinancing, and transmutation: [________________________________]

7. Residence and Shared Property

No title, deed, mortgage, lease, or creditor right is changed by this packet.

8. Debt, Expenses, and Financial Administration

Premarital debt treatment: [________________________________]

Debt incurred during marriage: [________________________________]

Joint accounts and authorized users: [________________________________]

Household expenses and budgeting: [________________________________]

Business and investment contributions: [________________________________]

Taxes, estimated payments, refunds, liabilities, elections, and audits: [________________________________]

Education, medical, caregiving, and family-support expenses: [________________________________]

Records, statements, and information access: [________________________________]

Counsel should determine whether a proposed allocation affects any creditor, taxing authority, plan, insurer, or other third party and identify any separate consent, filing, beneficiary designation, title change, or other instrument needed.

9. Support and Alimony Decision Sheet

This packet does not waive, set, cap, or guarantee temporary or permanent support.

Financial projections reviewed: [________________________________]

Changed-circumstance assumptions: [________________________________]

10. Death, Estate, and Beneficiary Planning

This packet does not waive or create a death-related right.

Counsel should coordinate any future agreement with wills, trusts, titles, retirement plans, insurance, shareholder or operating agreements, buy-sell arrangements, and beneficiary records.

11. Retirement, Benefits, and Employment Interests

Identify pensions, qualified plans, IRAs, equity compensation, deferred compensation, military benefits, government benefits, health coverage, survivor benefits, and employer-provided insurance.

Do not assume this packet can change a plan document, beneficiary designation, consent requirement, or administrator duty.

12. Business and Professional Interests

Entity and ownership: [________________________________]

Current governing documents: [________________________________]

Valuation and valuation date: [________________________________]

Appreciation, distributions, retained earnings, and compensation: [________________________________]

Spousal labor, guarantees, loans, or capital contributions: [________________________________]

Transfer restrictions and buy-sell terms: [________________________________]

Confidentiality and access to records: [________________________________]

Separation, divorce, disability, or death process: [________________________________]

Third-party consents or amendments needed: [________________________________]

13. Children and Dependents

This packet does not attempt to predetermine custody, parenting, child support, educational support, or another child-related outcome.

Record only planning facts and nonbinding goals for counsel review:

• Existing children and legal obligations: [________________________________]
• Expected caregiving roles: [________________________________]
• Education, health, disability, and special-needs planning: [________________________________]
• Trust, insurance, and beneficiary planning: [________________________________]
• Family-business and inheritance concerns: [________________________________]
• Agreements or orders already in effect: [________________________________]

14. Conduct, Privacy, and Information

Confidentiality goals and permitted disclosures: [________________________________]

Financial transparency during marriage: [________________________________]

Business, professional, or public-profile concerns: [________________________________]

Social media, publicity, and personal information: [________________________________]

Counsel view on whether any proposed conduct term belongs in an agreement: [________________________________]

Do not use confidentiality, non-disparagement, or information-control language to obstruct legally required disclosure, professional advice, safety planning, reporting, evidence preservation, or court process.

15. Dispute and Remedy Design

No dispute or remedy clause is selected by this packet.

Do not insert a predispute jury waiver, arbitration clause, automatic fee award, specific-performance promise, bond waiver, liability cap, indemnity, force-majeure clause, or exclusive forum without issue-specific advice.

16. Drafting and Execution Readiness

Before counsel circulates a signature draft:

☐ Both parties and all material family circumstances are identified

☐ Financial disclosure is complete, current, supported, and exchanged

☐ Values, valuation dates, and contingent interests are recorded

☐ Each spouse has separate counsel or the consequences of proceeding otherwise are documented

☐ Review time and revisions are documented

☐ Property, debt, support, estate, retirement, tax, business, and third-party effects are addressed

☐ Proposed terms are internally consistent with the schedules

☐ Governing law, forum, dispute terms, and execution formalities are current and verified

☐ Separate deeds, titles, plan forms, beneficiary changes, wills, trusts, insurance, or entity documents are identified

☐ Translation, accessibility, capacity, coercion, and safety concerns are resolved

☐ The final instrument contains no blanks, conflicting options, hidden schedules, or unexplained defined terms

17. Counsel Drafting Instructions

Terms agreed in principle: [________________________________]

Terms disputed: [________________________________]

Terms reserved: [________________________________]

Required conditions before signing: [________________________________]

Separate documents or consents: [________________________________]

Current official authorities to verify: [________________________________]

Open legal, tax, valuation, or implementation questions: [________________________________]

Exhibit A — Spouse A Financial Disclosure

Attach the complete asset, debt, income, tax, business, trust, insurance, retirement, and contingent-interest records.

Exhibit B — Spouse B Financial Disclosure

Attach the complete asset, debt, income, tax, business, trust, insurance, retirement, and contingent-interest records.

Exhibit C — Proposed Property and Debt Matrix

Exhibit D — Support and Cash-Flow Analysis

Attach budgets, projections, assumptions, insurance, caregiving, disability, employment, and tax analyses.

Exhibit E — Estate, Retirement, and Business Coordination

List every separate document, designation, consent, amendment, valuation, and advisor task required to implement any later agreement.

Exhibit F — Drafting History and Review Log