Q: Under what circumstances can a pre-nup agreement be invalidated?
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- Colorado
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A: Under Colorado statute, there are two main bases for invalidating a pre-nup. If there was not proper financial disclosure, as required by statute, and certain cautionary language (for ones done after and including 2014), then the agreement can be invalidated. Additionally, an agreement can be invalidated if a court finds that it was not entered into voluntarily. Litigation over this type of argument would tie into whether a party was coerced, pressured, wasn't given enough time to fully review, didn't have an opportunity to discuss with an attorney. Also, provisions in a prenup regarding spousal support (maintenance) and attorney fees are not binding on a court during a divorce.
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