Can You Get a Prenup After Marriage in Colorado?

Can you get a prenup after marriage? Yes, it’s sometimes referred to as a postnuptial or marital agreement in Colorado. Like a prenup, it establishes the financial rights and responsibilities between spouses, but it’s signed after the wedding. Whether you want to safeguard a business, clarify how assets will be divided, or create financial security, having a well-crafted agreement in place can make a significant difference. At Hogan Omidi, our Denver family law attorneys work closely with high-net-worth clients to create customized, legally sound agreements that reflect their specific goals and circumstances.

What Is a Postnup, and Why Is It Important?

Under Colorado law, prenuptial and postnuptial agreements are governed by the Colorado’s version of the Uniform Premarital and  Marital Agreement Act, and when properly drafted, they can provide legal security for both spouses. Our Denver family law attorneys work with clients to ensure these agreements reflect their unique financial and personal needs.

Prenups are especially beneficial for:

• Protecting separate property acquired before marriage
• Defining spousal maintenance (alimony) terms in case of divorce
• Outlining debt responsibilities to avoid disputes
• Ensuring business continuity for entrepreneurs and investors

Under Colorado law, a marital agreement may address various financial matters, including spousal support, asset division, and property management during the marriage or in the event of separation or death (McGuane & Hogan, 2024).

Can You Get a Prenup After You Are Already Married?

Yes, you can get a prenup after marriage in the form of a postnuptial agreement. A postnup serves the same function as a prenup but is signed after the couple is legally married. It provides a legal framework to address financial and legal concerns that may arise during the marriage, helping couples define and protect their individual assets, determine how joint property will be managed, and outline financial arrangements in the event of separation or divorce.

Postnuptial agreements are some times used if the parties simply didn’t have time prior to the wedding to finalize all the terms of what had been intended as a prenup.  Rather than having a rushed and pressure driven experience, couples sometimes elect to wait until after the excitement and stress of the wedding to finalize and sign the document.  One down side of this approach is that the “threat” that the wedding won’t take place without a prenuptial agreement is removed.

Postnuptial agreements are also particularly useful if one of the spouses during the marriage wants to make an investment or start a business venture that the other person feels is too risky.  The postnuptial agreement provides a way to insulate certain assets or income from debts or losses if the venture is not successful.

What parties cannot do is use a postnuptial agreement to negotiate the terms of a divorce that is looming on the horizon.  A valid postnuptial agreement cannot be entered into at a time that a divorce or similar proceeding is pending or planned.

Along the same lines, if a divorce action has been filed, a person cannot offer that they will dismiss the action if the other person enters into a post nuptial agreement.

Legal Process for Creating a Prenup or Postnup in Colorado

The Colorado PreMarital and Marital Agreement Act (C.R.S. § 14-2-301 et seq.) sets forth the legal requirements for prenuptial and postnuptial agreements. To be enforceable, a marital agreement must:

• Be in writing and signed by both parties
• Be based on financial disclosure from both spouses
• Be entered into voluntarily, without coercion or duress

Once signed, the agreement becomes a binding contract, enforceable under Colorado law (McGuane & Hogan, 2024).

How Colorado Courts Enforce Prenuptial Agreements

Colorado courts will uphold a prenuptial agreement if it meets the legal criteria outlined in the Colorado Premarital and Marital Agreement Act. This means the agreement must be in writing, signed voluntarily by both parties, and must include fair and reasonable disclosure of financial information. However, there are circumstances under which a prenup may be deemed unenforceable, including:

• Duress or coercion: If one party was pressured or forced to sign the agreement, it could be invalidated. This includes situations where a spouse was threatened, manipulated, or given insufficient time to review the document before signing.
• Lack of adequate financial disclosure: Both parties must provide a fair and honest disclosure of their assets, income, and financial obligations. If one spouse hides significant financial information, the agreement may not hold up in court.

The fact that an agreement is one-sided or far more favorable to one party over the other is not a basis for challenging an agreement as long as the financial disclosures were adequate and there was no actual coercion.

Understanding these legal requirements and potential pitfalls is crucial for ensuring that a prenup is valid and enforceable in Colorado. Consulting with a legal professional can help both parties navigate this process and protect their interests.

Can a Prenup Be Modified After Marriage?

Yes, a prenuptial agreement can be amended or revoked after marriage. However, both parties must agree to the modifications in writing. Changes should be made carefully to ensure that the new terms remain legally enforceable and in compliance with Colorado law.  The original agreement may also contain additional  terms or requirements for any future modifications.

Why You Should Consult with a Family Lawyer for Your Prenup

Prenuptial and postnuptial agreements involve complex legal considerations that require careful drafting to ensure enforceability. Working with a family lawyer can:

• Ensure the agreement complies with Colorado’s marital agreement laws
• Provide financial planning strategies to protect your assets
• Prevent future disputes by addressing potential concerns upfront

Our firm focuses on crafting tailored marital agreements designed to align with high-net-worth individuals’ unique financial objectives and legal needs.

Contact Our Denver Family Law Experts to Discuss Your Prenup

Whether you’re seeking a prenuptial or postnuptial agreement, the team at Hogan Omidi is here to offer personalized legal guidance designed to meet your unique needs. Safeguard your financial future with a thoughtfully crafted agreement built to stand the test of time. Our attorneys are dedicated to providing clear, reliable advice tailored to your goals and circumstances.

Contact us today at 303-391-9600 to schedule your consultation.