Known in other jurisdictions as Post-Marital or Post-Nuptial Agreements, in Colorado Marital Agreements are becoming more common in estate planning. Absent an agreement to the contrary, spouses in all states acquire legal or equitable rights in property that are not dependent on which spouse holds legal title. Consequently, Marital Agreements are available to alter both legal and equitable rights. To be enforceable, they must meet the following requirements:
- A Marital Agreement must be in writing, signed by both parties and entered into voluntarily
- Each party must provide full financial disclosure
A Marital Agreement will not be enforceable if any provisions are found to be unconscionable, the determination of which is made at the time of enforcement, not at the time the agreement is signed. Significantly, in Colorado the burden of proof is on the party challenging the agreement.