Marriage is about love, trust, and building a future together—but it’s also a legal partnership. While no one walks down the aisle expecting divorce, many couples are waking up to the reality that protecting their assets and clarifying financial expectations isn’t just practical—it’s smart. That’s where prenuptial and postnuptial agreements come in.

If you’re in Colorado and wondering whether a prenup or a postnup is the right fit for your relationship, this guide will walk you through the key differences, the pros and cons of each, and what Colorado law says about them.

First, What Are Prenups and Postnups?

A prenuptial agreement (or “prenup”) is a legal contract signed before a couple gets married. It lays out how property, debts, and spousal support will be handled if the marriage ends in divorce or death.

A postnuptial agreement (or “postnup”) is essentially the same type of agreement—but it’s signed after the couple is already legally married.

Both documents can be tailored to fit your unique relationship and financial situation. They’re not just for the ultra-wealthy or cynical; they’re tools for clarity, trust, and mutual respect.

Are They Enforceable in Colorado?

Yes—both prenups and postnups are enforceable in Colorado, but they must meet specific legal standards. Colorado follows the Uniform Premarital and Marital Agreements Act (UPMAA), which sets out the rules for both types of agreements.

To be enforceable in Colorado, these agreements must be:

• In writing (verbal agreements don’t count)
• Voluntarily signed by both parties
• Not unconscionable (i.e., not outrageously unfair)
• Signed with full financial disclosure
• Signed without coercion or duress
• Signed after each party had the opportunity to have an independent attorney

When a Prenup Might Be the Better Choice

A prenup is generally the best option if you’re not yet married and want to clarify financial expectations early. It allows for open, forward-looking conversations about money, which is often one of the most contentious topics in marriage.

Here are a few scenarios where a prenup is especially useful:

1. You Own a Business

If you own or co-own a business before marriage, a prenup can protect your ownership interest and keep your business from becoming marital property.

2. You’re Entering the Marriage With Substantial Assets or Debts

A prenup can protect your personal property and clarify which debts each person is bringing into the marriage, especially if there’s an imbalance.

3. You Have Children From a Prior Relationship

A prenup can ensure your assets are preserved for your children, even if you remarry.

4. You Want to Define Spousal Support in Advance

Colorado law allows prenups to include or waive spousal support, as long as it’s not unconscionable at the time of enforcement.

When a Postnup Might Be the Better Choice

A postnup is ideal for couples who are already married but realize they need a legal agreement—either to deal with a change in circumstances or to clarify financial matters going forward.

Here’s when a postnup can be the right fit:

1. Your Financial Situation Has Changed

If one of you has received an inheritance, started a business, or experienced a major income shift since getting married, a postnup can help address how those changes are handled.

2. You Didn’t Sign a Prenup and Regret It

Sometimes couples avoid prenups to “keep it romantic” only to later wish they had one. A postnup gives you a second chance to make an agreement.

3. You’re Working Through a Rough Patch

While it’s not fun to think about, couples sometimes create postnups as part of rebuilding trust during or after a crisis. It can serve as a framework for financial stability and accountability.

4. You Want to Separate Property or Finances

If you’re trying to separate certain assets (like family land or inherited wealth) from the marital estate, a postnup can help clearly define ownership even mid-marriage.

Key Differences Between Prenups and Postnups

While both agreements can cover similar ground, there are important differences that affect enforceability:

Timing: Prenups are signed before marriage; postnups after. That timing can matter, especially in legal challenges.

Leverage: In a prenup, both parties have the freedom to walk away. In a postnup, one person might feel financially dependent or disadvantaged, which can lead to concerns about coercion.

Judicial Scrutiny: Courts may scrutinize postnups more closely, especially if one party gave up significant rights or wasn’t fully informed.

What You Can (and Can’t) Include

Under Colorado law, you can include:

• Division of property (e.g. real estate, retirement accounts, investments)
• Responsibility for debts
• Spousal support
• Rights to certain family or separate assets
• Inheritance rights

You cannot include:

• Child custody or child support provisions (these are determined by the court based on the best interest of the child)
• Terms that encourage divorce (i.e., financial incentives for splitting up)
• Unenforceable terms (i.e. infidelity clauses – Colorado is a no fault state)

Common Myths About Prenups and Postnups

Myth #1: They’re only for the wealthy.

Fact: These agreements are useful for anyone with property, debt, or a business, regardless of income level, or anyone who wants to establish trust with their partner around financial decisions.

Myth #2: Signing one means you don’t trust your partner.

Fact: They’re about clarity, not mistrust. In fact, having open financial discussions can strengthen a relationship.

Myth #3: They’re unromantic.

Fact: Money fights are one of the top causes of divorce. A prenup or postnup can help you avoid them before they start.

Myth #4: Courts don’t enforce them.

Fact: If done correctly, Colorado courts will enforce both prenups and postnups. The key is meeting the legal requirements and ensuring fairness.

So Which Is Right for You?

Ask yourself these questions:

• Are you already married? Then a postnup is your only option.
• Are you about to get married, and want to protect your business, assets, or inheritance? A prenup is the way to go.
• Are you both willing to be transparent about your finances and work with professionals to create a fair agreement? Then either document can work for you.

Whichever route you take, the most important thing is to approach the conversation with honesty, empathy, and clarity. These agreements aren’t about predicting failure. They’re about building a stronger foundation, with fewer surprises and more understanding.

Final Thought

Whether you choose a prenup or postnup, think of it as a roadmap—not a trap. In Colorado, couples who approach these agreements with respect and intention often find that they enhance, rather than harm, their relationship.

Ready to have that conversation with your partner—or just want to explore your options? A qualified Colorado family law attorney can help you craft an agreement that reflects your goals, protects your future, and holds up in court.

Your marriage deserves love and trust. And your financial future deserves clarity.

Ready to Learn About Your Options?

If you’re considering a prenup or postnup and want expert guidance tailored to Colorado law, let’s talk. I help couples create clear, fair, and enforceable agreements that protect their future and strengthen their partnership.

Schedule a complementary consultation today to explore your options and get answers to your questions—no pressure, just clarity.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.