Complete Legal Colorado Postnuptial Forms For Free

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.

In California, you can write your own postnuptial agreement, but this option is not recommended. These agreements must meet numerous legal requirements to be considered valid and enforceable by law, and most non-legal professionals simply do not possess the knowledge and resources to draft a sufficient agreement.

Colorado Statute §14-2-302(2) refers to prenuptial and postnuptial agreements as ?marital agreements.? The law requires both couples to sign the agreement in order for it to be enforceable.

Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.

Requirements for a Postnuptial Agreement Written & Signed. ... Intent to Remain Married. ... Voluntary and Not Under Duress. ... Access to Attorney. ... Notice of Rights Waived or Modified, if a spouse had no attorney. ... Adequate Financial Disclosure. ... Maintenance & Attorney Fee Clauses Cannot be Unconscionable.