(1) A premarital agreement or marital agreement is
unenforceable if a party against whom enforcement is sought proves:
(a) The party's consent to the agreement was involuntary or the result of duress;
(b) The party did not have access to independent legal representation under subsection
(2) of this section;
(c) Unless the party had independent legal representation at the time the agreement was
signed, the agreement did not include a notice of waiver of rights under subsection (3) of this
section or an explanation in plain language of the marital rights or obligations being modified or
waived by the agreement; or
(d) Before signing the agreement, the party did not receive adequate financial disclosure
under subsection (4) of this section.
(2) A party has access to independent legal representation if:
(a) Before signing a premarital or marital agreement, the party has a reasonable time to:
(I) Decide whether to retain a lawyer to provide independent legal representation; and
(II) Locate a lawyer to provide independent legal representation, obtain the lawyer's
advice, and consider the advice provided; and
(b) The other party is represented by a lawyer and the party has the financial ability to
retain a lawyer or the other party agrees to pay the reasonable fees and expenses of independent
legal representation.
(3) A notice of waiver of rights under this section requires language, conspicuously
displayed, substantially similar to the following, as applicable to the premarital agreement or
marital agreement:
If you sign this agreement, you may be:
Giving up your right to be supported by the person you are marrying or to whom you are
married.
Giving up your right to ownership or control of money and property.
Agreeing to pay bills and debts of the person you are marrying or to whom you are married.
Giving up your right to money and property if your marriage ends or the person to whom you are
married dies.
Giving up your right to have your legal fees paid.
(4) A party has adequate financial disclosure under this section if the party:
(a) Receives a reasonably accurate description and good-faith estimate of value of the
property, liabilities, and income of the other party; or
(b) [Reserved]
(c) Has adequate knowledge or a reasonable basis for having adequate knowledge of the
information described in paragraph (a) of this subsection (4).
(5) A premarital agreement or marital agreement or amendment thereto or revocation
thereof that is otherwise enforceable after applying the provisions of subsections (1) to (4) of this
section is nevertheless unenforceable insofar, but only insofar, as the provisions of such
agreement, amendment, or revocation relate to the determination, modification, limitation, or
elimination of spousal maintenance or the waiver or allocation of attorney fees, and such
provisions are unconscionable at the time of enforcement of such provisions. The issue of
unconscionability shall be decided by the court as a matter of law.
(6) [Reserved]
(7) [Reserved]
(8) A premarital or marital agreement, or an amendment of either, that is not in a record
and signed by both parties is unenforceable.
Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July
1, 2014. L. 2015: (5) amended, (SB 15-264), ch. 259, p. 950, § 35, effective August 5.
Editor's note: This section is similar to former § 14-2-307 as it existed prior to 2013.
Notes of Decisions
Cited in
7
cases (
5 in the last 5 years), 2018–2026 · leading case:
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018).
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018).
“, Colo. Rev. Stat. § 14-2-309 (4)(a) ("A party has adequate financial disclosure [if the party receives] a reasonably accurate description and good-faith estimate of value of the property .”
In Re Marriage of Blaine, 2019 COA 164 (Colo. Ct. App. 2019).
· cites it 2× “See § 14-2-309, C.R.S. 2019. ¶ 19 Although it was not an agreement, the interspousal transfer deed was nonetheless effective to convey the California home to wife as her separate property.”
Marriage of Heap (Colo. Ct. App. 2024).
· cites it 10× “¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
Marriage of Heap (Colo. Ct. App. 2024).
· cites it 10× “¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
Marriage of Watters (Colo. Ct. App. 2025).
· cites it 7× “See § 14-2-309; see also In re Marriage of Ikeler, 161 P.”
Marriage of Williams (Colo. Ct. App. 2025).
· cites it 7× “¶7 Under the UPMAA, a marital agreement is unenforceable if the party challenging enforcement proves, as relevant here, that the agreement did not include a notice of waiver of rights under section 14-2-309(3), C.”
Marriage of Palominos Correa (Colo. Ct. App. 2026).
· cites it 2× “2025 (all premarital or marital agreements must be in a record and signed by both parties); § 14-2-309(1)(d), C.R.S. 2025 (a premarital or marital agreement is not enforceable if one of the parties did not receive adequate financial disclosures before signing the agreement); §…”
— Colo. Rev. Stat. § 14-2-309(1) — 1 case
Marriage of Watters (Colo. Ct. App. 2025).
“See § 14-2-309; see also In re Marriage of Ikeler, 161 P.”
— Colo. Rev. Stat. § 14-2-309(1)(a) — 1 case
Marriage of Watters (Colo. Ct. App. 2025).
“See § 14-2-309; see also In re Marriage of Ikeler, 161 P.”
— Colo. Rev. Stat. § 14-2-309(1)(c) — 3 cases
Marriage of Williams (Colo. Ct. App. 2025).
“¶7 Under the UPMAA, a marital agreement is unenforceable if the party challenging enforcement proves, as relevant here, that the agreement did not include a notice of waiver of rights under section 14-2-309(3), C.”
Marriage of Heap (Colo. Ct. App. 2024).
“¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
Marriage of Heap (Colo. Ct. App. 2024).
“¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
— Colo. Rev. Stat. § 14-2-309(1)(d) — 1 case
Marriage of Palominos Correa (Colo. Ct. App. 2026).
“2025 (all premarital or marital agreements must be in a record and signed by both parties); § 14-2-309(1)(d), C.R.S. 2025 (a premarital or marital agreement is not enforceable if one of the parties did not receive adequate financial disclosures before signing the agreement); §…”
— Colo. Rev. Stat. § 14-2-309(3) — 3 cases
Marriage of Heap (Colo. Ct. App. 2024).
“¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
Marriage of Heap (Colo. Ct. App. 2024).
“¶ 14 Section 14-2-309 governs enforceability of agreements under the UPMAA and says that a marital agreement is unenforcea ble if the party against whom enforcement is sought proves, as relevant here, that the agreement did not include a notice of waiver of rights under section…”
Marriage of Williams (Colo. Ct. App. 2025).
“¶7 Under the UPMAA, a marital agreement is unenforceable if the party challenging enforcement proves, as relevant here, that the agreement did not include a notice of waiver of rights under section 14-2-309(3), C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.