You signed a prenuptial agreement years ago. Maybe it was a practical decision at the time. Now that divorce is on the table, you’re wondering, Can you contest a prenup in Colorado? Or, if you’re the spouse seeking to enforce it, how confident can you be that the terms will hold up in court? When a marriage ends, emotions run high, and finances come into sharp focus. Whether you’re questioning the validity of an agreement or relying on it for protection, it’s essential to understand how prenups function during divorce litigation.
What Is a Prenup and Why Does It Matter?
A prenuptial agreement, commonly known as a “prenup,” is a legal contract signed before marriage that specifies how to manage assets and debts should the marriage end.
Colorado recognizes these agreements under the Uniform Premarital and Marital Agreements Act (UPMAA). Prenups can address property division, debt allocation, and spousal maintenance. However, they cannot address child custody or support.
A prenup becomes effective upon marriage and typically comes into focus when one or both spouses file for divorce. That’s when enforcement or challenge becomes a central legal issue.
Does a Prenup Hold Up in Court?
Whether or not a prenup is enforceable depends on its drafting and whether both parties followed legal formalities. State courts will generally uphold a prenup if:
- It was entered into voluntarily,
- Both parties had access to full financial disclosures,
- The agreement was not unconscionable at the time of signing, and
- Both parties had the opportunity to consult legal counsel.
However, the burden of proof falls on the party challenging the agreement.
Can a Judge Throw Out a Prenup?
A judge can throw out a prenup if they find evidence of coercion, fraud, lack of disclosure, or procedural flaws. Some key reasons why a court might set aside or find a prenup unenforceable include:
- One spouse signed under pressure. Agreements made under duress, such as threats to cancel the wedding, may be invalid.
- Incomplete financial disclosure. Failing to provide accurate financial information can call the prenup’s validity into question.
- Lack of legal counsel. While not always required, the absence of independent legal advice can raise red flags.
- Unconscionable terms. If a prenup severely disadvantages one party or contradicts public policy, the court may find it unenforceable.
This doesn’t mean prenups are weak, only that they must be crafted and executed with care. The court’s goal is fairness, not blind enforcement.
How Can You Contest a Prenup?
If you believe your prenuptial agreement is unfair or legally flawed, you have the right to challenge it, but the process requires more than dissatisfaction with the outcome. Courts take these agreements seriously, so clear, fact-based arguments must support any effort to contest one.
Start by examining how the agreement was created and signed.
- Was there full financial disclosure?
- Did both parties have time and opportunity to consult an attorney?
- Were any terms added under pressure or too close to the wedding date?
You must present evidence of procedural problems or inequity to strengthen your case. That might include:
- Financial documents showing missing or misstated assets at the time of signing;
- Records of communication about the agreement, especially around timing or pressure; and
- Information about whether legal advice was sought or actively discouraged.
In most cases, contesting a prenup involves filing a motion during divorce proceedings and demonstrating that the agreement was either involuntary, unfair, or legally defective under Colorado law.
If you’re serious about disputing a prenup, working with a family law attorney who understands the nuances of Colorado’s UPMAA is imperative. A well-prepared argument can make the difference between having the agreement thrown out or enforced in full.
Under What Circumstances Can Prenups Be Voided?
In Colorado, prenups can be voided under the UPMAA if they violate statutory requirements or if there’s evidence that a party did not enter the agreement fairly or voluntarily. Voidance usually occurs when:
- The prenup lacks a signature or is improperly executed,
- The terms are so one-sided that they shock the conscience, or
- There’s clear evidence of coercion or deception.
Courts also recognize that couples can make contractual decisions about their financial future. The bar for voiding a prenup is high.
Enforcing a Valid Prenup in Divorce
If you’re seeking to uphold a prenup, it helps to know what strengthens your position. Colorado courts aim to respect contractual intent as long as the parties lawfully formed the agreement. Enforcement is more likely when:
- Both parties had separate attorneys during the signing process,
- The prenup was signed well before the wedding, without pressure,
- Both sides had a clear understanding of each other’s finances, and
- The agreement’s terms are balanced and reflect the couple’s intent.
A well-drafted prenup provides clarity and protection, especially in high-asset or second-marriage situations.
Can a Prenup Be Changed After Marriage?
Couples can sign a postnuptial agreement that updates or replaces the terms of a prenup, but both parties must agree, and the new agreement must follow legal requirements.
Is a Prenup Still Valid After 20 Years of Marriage?
The agreement’s age doesn’t invalidate it. However, if circumstances have changed dramatically, the court may consider that when deciding fairness.
Trust Plog & Stein, P.C. for Your Divorce Litigation
With over 70 years of combined family law experience, Plog & Stein, P.C. attorneys have seen how prenuptial agreements can protect or complicate divorce litigation. Our team takes a precise, strategic approach to helping clients enforce or challenge a prenup under Colorado law.
Whether you’re facing a high-conflict divorce or want a realistic evaluation of your marital agreement, we provide honest guidance tailored to your needs.
Our firm serves individuals throughout the Denver metro area and beyond, offering complete or limited-scope services, depending on what the situation calls for. We’ve built a reputation for integrity, clarity, and strong courtroom advocacy, and we’re ready to help you move forward confidently.
Let’s Talk About Your Prenup Concerns
Prenuptial agreements can serve as helpful planning tools or become contentious issues during litigation. Whether you can challenge a prenup depends on the specific facts and relevant laws. Contact us today, and we’ll help you build a plan that reflects your rights, financial future, and peace of mind.
