Colo. Rev. Stat. » Title 14
Colorado Revised Statutes

Colo. Rev. Stat. § 14-2-304 (2026)

Governing law

✓ current as of July 2026
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(1) The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined:

(a) By the law of the jurisdiction designated in the agreement if the jurisdiction 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 section 14-2-309 or to a fundamental public policy of this state; or

(b) Absent an effective designation described in paragraph (a) of this subsection (1), by the law of this state, including the choice-of-law rules of this state.

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July 1, 2014.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1995–2026 · leading case: In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007).
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In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). · cites it 58× “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
In Re the Marriage of Goldin, 923 P.2d 376 (Colo. Ct. App. 1996). · cites it 8× “Section 14-2-304(1), C.R.S. (1987 Repl.Vol.”
In Re the Marriage of Ikeler, 148 P.3d 347 (Colo. Ct. App. 2006). · cites it 6× “" Section 14-2-304(3), C.R.S.2005. That part of the Act means, for example, that any agreement of the parties as to child support to be awarded in the event of dissolution would be unenforceable to the extent it adversely affected the child's rights.”
In re C.G.G., 946 P.2d 603 (Colo. Ct. App. 1997). · cites it 3× “The agreement was drafted and entered into in the United States and the parties and the child are all residents of Colorado.”
In Re the Marriage of Christen, 899 P.2d 339 (Colo. Ct. App. 1995). · cites it 3× “Section 14-2-304(l)(d), C.R.S. (1987 Repl.”
Matter of CGG, 946 P.2d 603 (Colo. Ct. App. 1997). · cites it 3× “Sections 14-2-304(1)(h) and 14-2-304(1)(i), C.”
Marriage of Palominos Correa (Colo. Ct. App. 2026). · cites it 2× “See § 14-2-304(1)(b), C.R.S. 2025 (where the marital agreement doesn’t effectively designate the governing law, the court should determine validity by applying “the law of this state, including the choice-of-law rules of this state”).”
Colo. Rev. Stat. § 14-2-304(1): 2 cases
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
In Re the Marriage of Goldin, 923 P.2d 376 (Colo. Ct. App. 1996). “Section 14-2-304(1), C.R.S. (1987 Repl.Vol.”
Colo. Rev. Stat. § 14-2-304(1)(a): 1 case
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
Colo. Rev. Stat. § 14-2-304(1)(b): 1 case
Marriage of Palominos Correa (Colo. Ct. App. 2026). “See § 14-2-304(1)(b), C.R.S. 2025 (where the marital agreement doesn’t effectively designate the governing law, the court should determine validity by applying “the law of this state, including the choice-of-law rules of this state”).”
Colo. Rev. Stat. § 14-2-304(1)(d): 1 case
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
Colo. Rev. Stat. § 14-2-304(1)(h): 1 case
Matter of CGG, 946 P.2d 603 (Colo. Ct. App. 1997). “Sections 14-2-304(1)(h) and 14-2-304(1)(i), C.”
Colo. Rev. Stat. § 14-2-304(1)(i): 1 case
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
Colo. Rev. Stat. § 14-2-304(3): 4 cases
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
In Re the Marriage of Ikeler, 148 P.3d 347 (Colo. Ct. App. 2006). “" Section 14-2-304(3), C.R.S.2005. That part of the Act means, for example, that any agreement of the parties as to child support to be awarded in the event of dissolution would be unenforceable to the extent it adversely affected the child's rights.”
In re C.G.G., 946 P.2d 603 (Colo. Ct. App. 1997). “The agreement was drafted and entered into in the United States and the parties and the child are all residents of Colorado.”
Matter of CGG, 946 P.2d 603 (Colo. Ct. App. 1997). “Sections 14-2-304(1)(h) and 14-2-304(1)(i), C.”
Colo. Rev. Stat. § 14-2-304(l)(a): 2 cases
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
In Re the Marriage of Goldin, 923 P.2d 376 (Colo. Ct. App. 1996). “Section 14-2-304(1), C.R.S. (1987 Repl.Vol.”
Colo. Rev. Stat. § 14-2-304(l)(d): 1 case
In Re the Marriage of Christen, 899 P.2d 339 (Colo. Ct. App. 1995). “Section 14-2-304(l)(d), C.R.S. (1987 Repl.”
Colo. Rev. Stat. § 14-2-304(l)(h): 1 case
In re C.G.G., 946 P.2d 603 (Colo. Ct. App. 1997). “The agreement was drafted and entered into in the United States and the parties and the child are all residents of Colorado.”
Colo. Rev. Stat. § 14-2-304(l)(i): 1 case
In Re the Marriage of Ikeler, 161 P.3d 663 (Colo. 2007). “The CMAA's Conflicting Provisions The content of marital agreements is controlled by section 14-2-304 of the CMAA, which lists those subjects to which parties may validly contract in a marital agreement.”
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