Financial agreements made between a couple before marrying define each spouse’s assets and create a plan for asset division if the couple divorces. These agreements are outlined according to the marriage laws of the state in which it was filed. In the event of a divorce outside of the state where the couple married, the original state laws will still apply, but the new state’s laws may come into play.
So, is your out-of-state prenuptial agreement enforceable in the state of Colorado?
The short answer is, it depends on the circumstances of the case. Colorado recognizes “prenups,” otherwise known as premarital agreements — even those drafted outside of the state of Colorado. However, certain criteria must be met for the state to enforce the agreement in the event a couple files for divorce or legal separation in Colorado.
If the agreement contains a “choice of law” provision that specifies the agreement is to be controlled by the law of another jurisdiction, Colorado can enforce, interpret, and construe the agreement in accordance with that other state’s laws if the state has a significant relationship to the agreement or either party at the time the agreement was signed, and the designated law is not contrary to:
- The laws of Colorado regarding the enforceability of premarital agreements (C.R.S. 14-2-308), or
- To a fundamental public policy of Colorado (See, C.R.S. 14-2-304(1)(a).). If these standards are met, Colorado will then look to the laws of the other jurisdiction and determine whether the agreement is valid and enforceable pursuant to that state’s laws.
If the out-of-state agreement does not have a “choice of law” provision and a couple is seeking a divorce or legal separation in the state of Colorado, the court will determine the validity of the agreement in accordance with the laws of Colorado that were in effect at the time the agreement was executed by the parties. If those criteria are met, Colorado will enforce the agreement.
Call Clawson & Clawson, LLP to Discuss the Details of Your Case
If you are filing for divorce in Colorado, contact Clawson & Clawson, LLP to discover your options.
Call (719) 602-5888 or contact us online for a free consultation.