UNIFORM PREMARITAL AND MARITAL AGREEMENTS ACT

• Jurisdiction: Colorado

PART 3 UNIFORM PREMARITAL AND MARITAL AGREEMENTS ACT

Editor's note: This part 3 was added in 1986. It was repealed and reenacted in 2013, effective July 1, 2014, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 3 prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

Law reviews: For article, "Marital Agreements", see 18 Colo. Law. 31, (1989); for article, "Update on Ethics and Malpractice Avoidance in Family Law -- Parts I and II", see 19 Colo. Law. 465 and 647 (1990); for article, "An Historical Perspective on Marital Agreements", see 20 Colo. Law. 467 (1991); for article, "Prenuptial Agreements and the Dead Man's Statute", see 23 Colo. Law. 357 (1994); for article, "Beware of the Trap -- Marital Agreements and ERISA Benefits", see 23 Colo. Law. 577 (1994); for article, "Marital Agreements and the Colorado Marital Agreement Act", see 32 Colo. Law. 59 (Aug. 2003); for article, "Prenuptial Agreements and Retirement Plan Assets", see 33 Colo. Law. 43 (Feb. 2004); for article, "Marital Agreements in Colorado", see 36 Colo. Law. 53 (Feb. 2007); for article, "Benefits Issues Arise When Same-Sex Relationships End", see 42 Colo. Law. 77 (Aug. 2013); for article, "Colorado's New Uniform Premarital and Marital Agreements Act", see 43 Colo. Law. 57 (March 2014).

■ 14-2-301. Short title. This part 3 may be cited as the "Uniform Premarital and Marital Agreements Act".

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July 1, 2014.

Editor's note: This section is similar to former § 14-2-301 as it existed prior to 2013.

■ 14-2-302. Definitions. In this part 3:

(1) "Amendment" means a modification or revocation of a premarital agreement or marital agreement.

(2) "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement.

(3) "Marital dissolution" means the ending of a marriage by court decree. The term includes a divorce, dissolution, and annulment.

(4) "Marital right or obligation" means any of the following rights or obligations arising between spouses because of their marital status:

(a) Spousal maintenance;

(b) A right to property, including characterization, management, and ownership;

(c) Responsibility for a liability;

(d) A right to property and responsibility for liabilities at legal separation, marital dissolution, or death of a spouse; or

(e) An award and allocation of attorney's fees and costs.

(5) "Premarital agreement" means an agreement between individuals who intend to marry which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed before the individuals marry, of a premarital agreement.

(6) "Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein, including income and earnings.

(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(8) "Sign" means with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound, or process.

(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July 1, 2014.

Editor's note: This section is similar to former §§ 14-2-302 and 14-2-306 as they existed prior to 2013.

ANNOTATION

Annotator's note. Since § 14-2-302 is similar to § 14-2-302 as it existed prior to the 2013 repeal and reenactment of this part 3, relevant cases construing that provision have been included in the annotations to this section.

The requirement of subsection (1) that present spouses sign a marital agreement prior...