Considering a prenup in Colorado? Good for you! Getting a prenup is an excellent way to protect your individual financial interests while also promoting marital trust and harmony. But what do you need to do to create a valid agreement in Colorado? Is a lawyer required? What about notarization? We answer all of these questions and more, so you thoroughly understand what is required for a valid prenuptial agreement in the Centennial State. Let’s dive in!
What is the Colorado Uniform Premarital and Marital Agreement Act?
Colorado is one of only two states (as of 2025) that have enacted the Uniform Premarital and Marital Agreement Act (UPMAA). This is a uniform act that seeks to make prenup and postnup laws uniform across the U.S. by setting forth standard rules around the formation and enforcement of these contracts. The UPAA is the predecessor to the UPMAA and was the first law that the Uniform Laws Committee established to make prenup laws more uniform, and 29 states, plus D.C., have enacted it so far. Bottom line? Colorado has specific laws (adopted from the UPMAA) that dictate how prenups are made and enforced.
Requirements for creating a valid and enforceable prenup in Colorado
So, what do you need to do in order to make a prenup in Colorado? According to Colorado’s UPMAA (CO Rev Stat § 14-2-301 et seq), here’s what you need to do to create a valid and enforceable prenup:
- The contract must be in writing and signed by both parties
- The parties must provide one another with financial disclosure of all assets, income, and debt.
- There must be a plain-language notice of waiver of rights in the contract (so each party understands what they’re giving up)
- Each party must have access to legal counsel (meaning enough time to hire a lawyer if they want one)
- Both parties must enter into the agreement voluntarily, with no coercion or duress present
- The agreement must not be unconscionable (meaning that it is not grossly unfair)
If all of these requirements are met, your prenuptial agreement will be enforced by a Colorado court.
Do I need a lawyer?
Let’s talk about the lawyer requirement for a prenup in Colorado. Hiring a lawyer is not required for a valid prenup. However, the state requires “access” to legal counsel, which simply means each person had enough time to find a lawyer, consult with them, and consider the lawyer’s advice. The person can still choose not to hire an attorney, but they at least need the opportunity to do so. For example, springing the prenup on your partner minutes before they walk down the aisle does not leave them with adequate “access” to legal counsel, as they likely don’t have time to find, hire, and consult with an attorney.
Do I need to get the prenup notarized?
Nope. The Colorado Premarital and Marital Agreement Act does not require parties to get their prenup notarized—it only requires the prenup to be in writing and signed by both spouses. However, getting your prenup notarized anyway can be a smart idea (even though it’s not required). Notarization is the act of signing your prenup in front of a Notary Public who confirms your identity and attaches their official seal to the document. This process can add a layer of protection to your agreement if one person challenges the agreement down the road.
Are online prenuptial agreements valid?
If you’ve come across online prenup services like HelloPrenup, you might be wondering if they’re legally valid. The short answer is yes—as long as the prenup meets all the requirements set out under Colorado’s Premarital and Marital Agreements Act, it doesn’t matter whether it was created online or in a lawyer’s office.
HelloPrenup complies with Colorado law by including the required plain-language waiver notices, facilitating financial disclosures, and offering access to Colorado-licensed attorneys. That means it can result in a valid and enforceable agreement—just like a traditional prenup.
The bottom line on the legal requirements for a valid prenup in Colorado
Getting a valid prenup in Colorado is relatively straightforward as long as you follow the requirements laid out in the Uniform Premarital and Marital Agreement Act in (CO Rev Stat § 14-2-301 et seq). Ensuring you meet the requirements, such as financial disclosure, access to legal counsel, and notice of waiver of rights, is key. And remember hiring a lawyer is required, but access to a lawyer is required. By meeting these standards, you can feel confident that your prenup will likely hold up in a Colorado court if it’s ever challenged.
