Sometimes, couples in Colorado and elsewhere do not enter into a premarital agreement before walking down the aisle. They may think that the notion of deciding in advance what will happen if they divorce is not only unromantic, but also that it is a sign that one or both parties are not committed to making the marriage last.
However, premarital agreements can be very useful given the fact that a significant number of marriages nationwide do end in divorce. Thinking of the matter in advance can help make the divorce process run more smoothly. Moreover, premarital agreements can address issues such as inheritances. That being said, per Colorado Statutes Section 14-2-310, there are certain provisions that would make a premarital agreement unenforceable.
First, a premarital agreement cannot contain language that would have an adverse effect on a child's right to receive child support. In addition, a premarital agreement cannot include a limitation or restriction on the remedies that victims of domestic violence may seek. Also, a premarital agreement cannot contain language that would penalize a spouse for filing for separation or dissolution. A premarital agreement cannot contain provisions that are in violation of public policy.
Finally, the court will not be bound to provisions in a premarital agreement that outline what each party's rights and obligations would be with regards to custodial responsibility over a child. This includes each party's rights and responsibilities towards the child, when each party will have the child in their care, each party's access to the child and any visitation schedule a party may have with the child.
Keep in mind this is a very general overview of what provisions in a premarital agreement may be legally unenforceable. In order to execute a premarital agreement that is fair and binding, each party may want to obtain legal counsel. This helps ensure that they make informed decisions that are within the confines of the law.