The law of Colorado allows for couples to enter into binding marital agreements. This may be done before marriage (Prenuptial or Antenuptial Agreement), or after marriage (Post-Nuptial Agreement). Post-Nuptial Agreements entered into as settlement of a divorce are referred to as Separation Agreements.
The parties may enter into a binding agreement as to property ownership in the event of death or divorce. They may also contract for maintenance (alimony) or a waiver of maintenance. Such agreements are generally enforceable by a Court if they are entered into properly. The parties may not contract for child support or custody arrangements without the Court inquiring into the propriety or adequacy of the agreement.
In entering into such an agreement there must be a mutual disclosure of assets and income. Each party must enter into the agreement free from duress or coercion. When determining whether an agreement as to property is enforceable, a Court will look no further than whether the agreement was conscionable at the time it was made, and was made with disclosure and free from duress or coercion. When determining whether an agreement as to maintenance is enforceable, the Court looks at the same factors, and also examines whether the agreement remains conscionable at the time enforcement is sought, i.e., have circumstances changed so significantly that it would be unconscionable to enforce that part of the agreement.