Ready to create your Colorado prenuptial agreement? Schedule a free consultation with a local family law attorney today. You can prenuptial agreement with a state-specific template here.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Colorado
- Both parties must sign the agreement voluntarily and without duress.
- The agreement must be in writing and signed by both parties.
- Full and fair disclosure of assets, liabilities, and income is required (or a written waiver).
- The agreement becomes effective upon marriage (unless stated otherwise).
- It must be signed by a notary public or witnessed (Colorado does not require witnesses for validity, but notarization is recommended).
- Consideration (something of value) is typically required, such as the marriage itself.
How to set up a Prenuptial Agreement in Colorado
- Discuss openly with your partner: Talk about your financial situations, goals for the marriage, and what each of you wants to protect.
- Gather financial documents: List all assets, debts, incomes, and any inheritances or business interests.
- Hire a lawyer: Each spouse should have independent legal counsel to ensure the agreement is fair and enforceable.
- Draft the agreement: Use a prenup template or have your lawyer draft one that meets Colorado's requirements.
- Review and sign: Make sure both parties understand the terms, sign voluntarily, and notarize the document.
- Store the agreement safely: Keep the original signed copy in a secure place, and consider giving copies to your attorneys.
How much it costs
In Colorado, the cost of a prenuptial agreement varies widely. If you use an online template, you might spend $100–$300, but having a lawyer draft a custom agreement typically costs $1,500–$3,000 or more. Hiring a prenup lawyer ensures the document is legally sound and less likely to be challenged.
Before You Begin: Colorado Prenup Checklist
Get organized before drafting your Colorado prenuptial agreement to avoid common delays and legal pitfalls.
- Disclose all assets, debts, and income in writing — hidden property can invalidate the agreement.
- Both spouses must have independent legal counsel (or knowingly waive in writing) — courts disregard one-sided agreements.
- Set a realistic timeline: finalize at least 30 days before the wedding to avoid duress claims.
- Decide on property division (separate vs. marital), spousal support (alimony), and debt responsibility — Colorado allows flexibility.
- Plan for changes: include a process for modifying or revoking the agreement later.
- Ensure the contract is in writing, signed by both parties, and notarized — but no witnesses are required in Colorado.
DIY vs. hiring a lawyer for your Prenuptial Agreement
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their prenuptial agreement online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Questions people ask
Is a prenuptial agreement enforceable in Colorado?
Yes, Colorado courts uphold prenuptial agreements if they are in writing, signed voluntarily, and based on full financial disclosure. However, if one party was coerced or the terms are unconscionable, a court may refuse to enforce them.
What can a Colorado prenup include?
A prenup can cover division of property, spousal support, inheritance rights, and debt responsibility. It cannot, however, decide child custody or child support, as those are based on the best interests of the child at the time of divorce.
Do we need a lawyer to create a prenuptial agreement in Colorado?
While a lawyer is not legally required, having one—especially separate lawyers for each spouse—is strongly recommended. A lawyer helps ensure the agreement meets legal standards and is more likely to be upheld.
Can we use a prenup template in Colorado?
Yes, you can use a template, but you must ensure it complies with Colorado law and includes all necessary disclosures. If you use a template without modifications, it may miss state-specific requirements, so it's wise to have a lawyer review it.