A post-marriage contract (called a “marriage contract” in Colorado) is identical to a marriage agreement in which it appeals, except that the spouses are already married at the time of signing the post-marriage contract. 1. This Part 3 comes into effect on July 1, 1986, except for provisions in subsection 2 of this section, and applies only to marriage contracts that come into effect on or after that date. All of these marriage contracts concluded before July 1, 1986 are governed by the laws in force at the time. After a marriage contract comes into force, it can only be amended or revoked by a written agreement signed by both parties. The amended agreement or revocation is enforceable without consideration. A marital contract will enter into effect if it is signed by both parties before the marriage, or with the signature of both parties if it is signed after the date of marriage. However, post-marriage agreements are not without drawbacks. From a legal point of view, for example, it is generally a better idea to enter into a pre-marital agreement rather than a post-marriage agreement, because the courts tend to consider pre-marital agreements to be valid when they consider that marital agreements are not valid. This is because the courts prefer pre-marriage agreements rather than after the facts. If a post-marriage agreement is properly drafted and proves unenforceable, the couple may have wasted a lot of time and resources for nothing. If a non-state marital or post-marital agreement does not have a choice of legal name and the couple terminates their marriage in Colorado, Colorado law will apply.
C.R.S. 14-2-304 (1) (b). 1. A matrimonial contract, an amendment or a revocation of the contract is not enforceable if the party against which the performance is requested proves it: the terms of a pre-marital or conjugal contract are similar to any other contract, with the following exceptions: you have the possibility of requiring the settlement of disputes by mediation and/or arbitration. In mediation, an impartial mediator helps the parties discuss the legality of their conflict in order to reach an agreement. Arbitration is similar, except that the arbitrator makes a legally binding decision on the dispute and has the same authority as a judge. This avoids delays and costs associated with the formal justice system. The applicability of post-ascending agreements is governed by state laws and jurisprudence in each state. Because of the nuances and differences in the formulation, format and execution requirements between different states, it is not recommended to try to establish a post-nuptial arrangement by hand. 3. The marriage agreement must not interfere with a child`s right to custody of children.
A marriage contract must be written and signed by both parties and enforceable without consideration.