Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
|
|
|
|
|
|
|
|
|
To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
|
|
|
|
|
|
|
Colorado adopted the Colorado Marital Agreement Act in 1986. This statute sanctions the waiver of statutory Property and maintenance rights of spouses either before or during a Marriage. Thus, the general statutory rule is that Prenuptial agreements are valid and binding contracts. However, one party can have the agreement voided if he or she did not sign it voluntarily or if the other party did not provide a fair and reasonable disclosure of his or her Property and financial obligations.
When one spouse challenges the validity of a Prenuptial agreement (generally at the time of a divorce or at the death of the other spouse), the court will look at several factors to determine whether the agreement should be enforced. The court will look to the adequacy of the financial disclosure. Such disclosure is required prior to the signing of the Prenuptial agreement because a party cannot knowingly waive rights unless he or she has sufficient information about the potential value of those rights. The court will also look at whether the challenging spouse was under duress when he or she signed the agreement. An issue related to duress is the timing of the execution of the agreement. An agreement signed too close to the Wedding date may support a challenge of duress due to the time constraint, because the challenging party can claim he/she did not have sufficient time to consider the ramifications of the agreement. A court will also look to whether there was any fraud involved in the process of negotiati
|
|
|
|
|
|
Return to all Prenuptial Agreement legal information
Legal Articles about Prenuptial Agreement
Prenuptial Agreement Frequently Asked Questions
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
