formalitiesstatute
A.R.S. § 25-202(A)
Arizona writing and signature requirementsAn Arizona premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
- The record should preserve the complete signed agreement and every incorporated schedule.
effective datestatute
A.R.S. § 25-202(B)
Arizona effective dateAn Arizona premarital agreement becomes effective on the parties' marriage.
- The marriage event and agreement execution date should be distinguished in the factual timeline.
voluntarinessstatute
A.R.S. § 25-202(C)(1)
Arizona voluntary-execution safeguardThe party resisting enforcement may prove that the agreement was not executed voluntarily.
- Draft history, negotiation timing, communications, counsel records, and signing circumstances can be relevant evidence for counsel to assess.
financial disclosurestatute
A.R.S. § 25-202(C)(2)
Arizona disclosure and knowledge safeguardFor the statutory unconscionability ground, Arizona also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or obligations.
- Section 25-202(C)(2) should be read as a complete test; a checklist does not decide whether its elements are met.
public assistancestatute
A.R.S. § 25-202(D)
Arizona public-assistance support safeguardA court may require support to the extent necessary to avoid public-assistance eligibility caused by a premarital support modification or elimination.
- The statute frames this safeguard at separation or marital dissolution.
void marriagestatute
A.R.S. § 25-202(F)
Arizona void-marriage ruleIf a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
- This provision does not itself predict what relief a court would find necessary.
permitted subjectsstatute
A.R.S. § 25-203(A)
Arizona permitted agreement subjectsArizona lists property rights and management, disposition, spousal support, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
- Other matters remain limited by public policy and statutes imposing criminal penalties.
child supportstatute
A.R.S. § 25-203(B)
Arizona child-support limitationAn Arizona premarital agreement may not adversely affect a child's right to support.
- Child-related language requires separate review rather than treatment as an ordinary contractual allocation.
amendment revocationstatute
A.R.S. § 25-204
Arizona amendment and revocation formalitiesAfter marriage, an Arizona premarital agreement may be amended or revoked only by a written agreement signed by the parties.
- The amendment or revocation is enforceable without consideration.
limitationsstatute
A.R.S. § 25-205
Arizona limitation-of-actions ruleAn applicable limitations period for relief under a premarital agreement is tolled during marriage, while equitable defenses including laches and estoppel remain available.
- Contract language should not be assumed to displace the statutory tolling rule or equitable defenses.
propertystatute
C.R.S. § 14-2-302
Colorado definitionsColorado defines premarital and marital agreements, amendment, marital rights, property, records, and signatures, including electronic records and signatures.
- Application remains fact-specific and requires current licensed-counsel review.
effective datestatute
C.R.S. § 14-2-303
Colorado scope and applicabilityThe current part applies to agreements signed on or after July 1, 2014 and preserves rights under earlier agreements.
- The part excludes specified court-approval and anticipated-or-pending dissolution agreements.
permitted subjectsstatute
C.R.S. § 14-2-304
Colorado governing-law ruleChosen law requires a significant relationship at signing and no conflict with section 14-2-309 or fundamental Colorado public policy.
- Application remains fact-specific and requires current licensed-counsel review.
formalitiesstatute
C.R.S. § 14-2-306
Colorado signed-record requirementAn agreement must be in a record and signed by both parties and is enforceable without consideration.
- Electronic records and signatures can qualify, but the complete record must be preserved.
permitted subjectsstatute
C.R.S. §§ 14-2-302(4)–(5), 14-2-310
Colorado agreement scope and limitsColorado permits modification of defined marital rights but bars specified child, domestic-violence, dissolution-penalty, and public-policy terms.
- Custodial-responsibility terms are not binding on the court.
effective datestatute
C.R.S. § 14-2-307
Colorado agreement effectivenessA premarital agreement takes effect on marriage; a marital agreement takes effect when both parties sign.
- Application remains fact-specific and requires current licensed-counsel review.
void marriagestatute
C.R.S. § 14-2-308
Colorado void-marriage ruleFor a void marriage, a premarital agreement is enforceable only as necessary to avoid an inequitable result.
- Application remains fact-specific and requires current licensed-counsel review.
voluntarinessstatute
C.R.S. § 14-2-309(1)(a)
Colorado voluntariness and duressAn agreement is unenforceable if the resisting party proves consent was involuntary or resulted from duress.
- Application remains fact-specific and requires current licensed-counsel review.
independent counselstatute
C.R.S. § 14-2-309(1)(b), (2)
Colorado access to independent representationAccess requires reasonable time to decide, locate counsel, obtain and consider advice, plus financial ability or paid reasonable fees when the other party is represented.
- Application remains fact-specific and requires current licensed-counsel review.
independent counselstatute
C.R.S. § 14-2-309(1)(c), (3)
Colorado waiver-notice safeguardUnless represented at signing, a party must receive the prescribed conspicuous notice or a plain-language explanation of modified or waived rights.
- Application remains fact-specific and requires current licensed-counsel review.
financial disclosurestatute
C.R.S. § 14-2-309(1)(d), (4)
Colorado financial-disclosure safeguardBefore signing, a party needs reasonably accurate property, liability, and income information plus good-faith values, or adequate knowledge or a reasonable basis for it.
- Application remains fact-specific and requires current licensed-counsel review.
spousal supportstatute
C.R.S. § 14-2-309(5), (7)
Colorado maintenance and fee safeguardAn otherwise enforceable agreement is unenforceable to the extent a maintenance or attorney-fee term is unconscionable at enforcement.
- The court decides unconscionability as a matter of law.
child supportstatute
C.R.S. § 14-2-310
Colorado child and custody limitsA term may not adversely affect child support, and custodial-responsibility terms do not bind the court.
- Application remains fact-specific and requires current licensed-counsel review.
limitationsofficial guidance
C.R.S. §§ 14-2-311–313; 2013 Colo. Sess. Laws ch. 239
Colorado limitations and enactment historyColorado tolls limitations during marriage, preserves laches and estoppel, directs uniform construction, and limits E-SIGN preemption; HB 13-1204 took effect July 1, 2014.
- Section 14-2-309(5) was amended by SB 15-264 effective August 5, 2015.
formalitiescase reporter
In re Marriage of Zander, 2021 CO 12, 480 P.3d 676
Colorado Supreme Court signed-writing interpretationZander held the predecessor Act's writing-and-signature rule controlled and partial performance did not validate an oral agreement.
- Zander concerns a 2007 marital agreement; counsel must map it carefully to the current Act.
independent counselcase reporter
In re Marriage of Williams, No. 25CA0234 (Colo. App. Dec. 4, 2025) (not published under C.A.R. 35(e))
Recent Colorado plain-language interpretationWilliams concluded that legalistic waiver language was not the required plain-language explanation for an unrepresented signer.
- The nonpublished opinion is an issue-spotting signal, not binding precedent; counsel must determine permissible use.