Chapter 2 - § 2.5 • CONCLUSION

• Jurisdiction: Colorado

§ 2.5 • CONCLUSION

The model UPMAA is, in several respects, a significant improvement over its predecessor, the UPAA. Adding duress, in addition to involuntariness, as grounds for setting aside an agreement is a helpful clarification. Including the provision for access to independent legal counsel clarifies what was previously ambiguous and often unhelpful case law on the issue. The requirement for either a notice of a waiver of rights or a plain language explanation for pro se parties is an important step in furthering a policy of fairness in such agreements. The inclusion of a mandatory disclosure of income, as well as assets and liabilities, is also helpful.

Colorado made several significant...