Colorado
Prenuptial agreements in Colorado
Colorado adopted the Uniform Premarital and Marital Agreements Act (UPMAA) in 2014, creating a modern statutory framework with strong protections for both parties, including a meaningful independent counsel requirement that sets it apart from most states.
Flat fee of $5,000 per couple. Two independent attorneys.
Statutory framework
Colorado's UPMAA framework
Unlike states that rely on older common law principles, Colorado operates under the Uniform Premarital and Marital Agreements Act (C.R.S. 14-2-306), effective July 1, 2014. This modern statutory framework provides clear, well-defined requirements for valid prenuptial agreements.
Four requirements for a valid Colorado prenup
Written and signed
The agreement must be in writing and signed by both parties. No separate consideration is required beyond the marriage itself.
Voluntary
Both parties must enter the agreement voluntarily, without undue pressure or coercion from the other party.
Adequate financial disclosure
Both parties must provide adequate disclosure of their property, financial obligations, and income to each other.
Meaningful access to independent counsel
Both parties must have meaningful access to independent legal representation, or the agreement must meet additional requirements.
Colorado-specific protection
The independent counsel requirement
Colorado's UPMAA includes a distinctive protection that sets it apart from most states: if one party signs without independent legal representation, the agreement must contain specific statutory warning language that is conspicuously displayed. Without this language, the agreement may be automatically unenforceable.
The required warnings inform the unrepresented party of the rights they may be waiving, including the right to be supported and the right to ownership or control of money and property earned during the marriage.
This makes Colorado more protective than most states. The simplest way to satisfy this requirement is for both parties to have independent legal counsel, which eliminates the warning language requirement entirely.
Neptune pairs each partner with their own independent attorney as part of the flat fee, which addresses this requirement directly.
Enforcement consideration
Maintenance review at time of enforcement
Colorado case law, established in Newman v. Newman (1982), introduces an important principle: spousal maintenance (support) waivers in a prenup can potentially become voidable if they are found unconscionable at the time of enforcement, not just at the time of signing.
This means a maintenance waiver that appeared reasonable when signed could potentially be challenged years later if one spouse's circumstances have changed significantly. In re Marriage of Thornhill (2008) further illustrates that courts may set aside agreements where one party lacked independent counsel and where there were potential conflicts of interest in the drafting process.
These cases highlight why independent representation for both parties and careful drafting of maintenance provisions matter in Colorado. Your attorney can discuss how to structure maintenance terms with this enforcement standard in mind.
Without a prenup
How Colorado divides property by default
Colorado is an equitable distribution state with no-fault divorce. Without a prenup, property division is determined by a court based on what it considers fair, which may not mean an equal split.
Equitable distribution
Colorado courts divide marital property equitably, meaning fairly based on the specific circumstances, not necessarily equally. Factors considered may include each spouse's economic circumstances, contribution to the marriage, and changes in value of separate property.
Appreciation becomes marital
In Colorado, appreciation of separate property during the marriage may be considered marital property subject to division. If a pre-marriage asset grows in value during the marriage, that growth could potentially be divided. A prenup can address how appreciation is treated.
Gifts between spouses
Gifts between spouses during the marriage are generally presumed to be marital property in Colorado. This means a significant gift from one spouse to the other could potentially be subject to division in a divorce. A prenup can specify how inter-spousal gifts are characterized.
91-day residency requirement
Colorado requires at least 91 days of residency before a divorce can be filed. While this does not directly affect prenup validity, it determines where property division proceedings take place. A prenup signed in Colorado would generally be governed by Colorado law.
Prenup cost in Colorado
What a prenup typically costs in Colorado
Colorado prenup costs vary based on complexity. With the UPMAA's emphasis on independent counsel, most couples work with two separate attorneys, which means paying two separate fees unless you use a flat-fee service.
Typical range in Colorado
$2,160 - $10,000+
- Standard couple total: $2,160 - $5,400
- Complex situations: $4,000 - $10,000+
- Average flat fee for one attorney: approximately $930
- Each partner typically hires and pays for their own attorney
Neptune flat fee
$5,000
- Two independent attorneys included (one for each partner)
- One flat fee per couple, no hourly billing regardless of complexity
- No payment required to get started
- Within range for standard, well below complex pricing
- Rush pricing applies when the wedding is within 45 days
No payment to get started. Free consultation with your attorney.
How it works
Three steps to your Colorado prenup
Complete financial disclosure
Answer questions about your finances, assets, and goals. The guided intake covers the comprehensive financial disclosure required by Colorado's UPMAA, including income, property, and financial obligations. No payment required at this stage.
Get paired with your attorneys
Each partner is paired with a separate, independent attorney licensed in Colorado. Having independent counsel for both parties satisfies the UPMAA's meaningful access requirement and eliminates the statutory warning language requirement entirely. You each get a free consultation before committing.
Review, negotiate, and sign
Your drafting attorney prepares a UPMAA-compliant agreement. The reviewing attorney ensures the other partner's interests are represented. Both sides work through any changes until both partners are comfortable signing. Typical turnaround is approximately 3 to 4 weeks.
Common questions about Colorado prenups
What is the UPMAA and how does it affect my prenup in Colorado?
Colorado adopted the Uniform Premarital and Marital Agreements Act (UPMAA) effective July 1, 2014, under C.R.S. § 14-2-306. The UPMAA provides a clear statutory framework for prenuptial agreements, replacing the older common law approach. It establishes specific requirements for validity including voluntariness, adequate financial disclosure (including income), and meaningful access to independent legal representation. Your attorney can explain how these requirements apply to your situation.
Do both partners need their own attorney in Colorado?
Colorado does not strictly require that both parties have independent counsel. However, if a party does not have independent legal representation, the agreement must include specific statutory warning language that is conspicuously displayed, or the agreement may be automatically unenforceable. Having independent counsel for both parties avoids this requirement entirely and can significantly strengthen enforceability. Neptune pairs each partner with their own independent attorney as part of the flat fee.
What are the warning language requirements?
Under Colorado law, if one party signs without independent legal representation, the agreement must contain conspicuous statutory warning language informing the unrepresented party of the rights they may be giving up. This includes warnings about the right to be supported, the right to ownership or control of money and property, and other rights. Without this language properly displayed, the agreement may be unenforceable regardless of other circumstances. Having your own attorney eliminates this requirement entirely.
Can spousal maintenance waivers be challenged later?
Yes. Under Colorado case law established in Newman v. Newman (1982), maintenance (spousal support) waivers in a prenup can potentially become voidable if they are found unconscionable at the time of enforcement, not just at the time of signing. This means a waiver that seemed reasonable when you signed could potentially be challenged years later if circumstances have changed significantly. Your attorney can discuss how to structure maintenance provisions with this possibility in mind.
How much does a prenup cost in Colorado?
In Colorado, prenuptial agreements typically cost $2,160 to $5,400 per couple for standard situations when each partner hires their own attorney. Complex cases involving significant assets, business interests, or unusual circumstances can range from $4,000 to $10,000 or more. Neptune offers a flat fee of $5,000 per couple, which includes two independent attorneys (one for each partner) with no hourly billing regardless of complexity.
How long does the process take?
Through Neptune, the typical turnaround is approximately 3 to 4 weeks when both parties use Neptune attorneys. The timeline can vary depending on the complexity of your financial situation, how quickly both partners complete financial disclosure, and the extent of negotiations. Rush pricing applies when the wedding is within 45 days. Your attorney can provide a more specific estimate based on your situation.
Ready to start your Colorado prenup?
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Reviewed by
Michael Cotugno, Esq.
Managing Partner, Neptune Legal · 30+ years practicing family law