How to Undo a Marital Agreement in Colorado

Most people, when they enter into marital agreements, rarely think they will ever revisit this document.  It is far more common to put it in a file and move on with your life, but it’s hard to predict what will happen in the future.  People change and situations change, which may render marital agreements invalid or require significant changes be made.

Have you been a victim of an unfair marital agreement?

If you feel like your ex-spouse may have provided false information or hidden assets in your divorce agreements, you are entitled to question it – even after the documents have been signed.  Working with a Colorado family lawyer will help you understand how your rights are protected under Colorado state law.   Regardless of when your agreement was originally signed, the state offers several legal reasons to invalidate it.  While an attorney can explain this in much more detail, there are some specifics that are written into the law.  One source of information on this topic is the Colorado Bar Association, which provides a summary called “Marital Agreements in Colorado.”

In a recent article by a Colorado law firm, entitled “What are the Grounds for Attacking Marital Agreements in Colorado?” the author elaborates on the information provided by the Colorado Bar.  Reasons like “unconscionability” and “change in circumstances” may sound vague, but they are often used to overturn existing marital agreements.  Keep in mind, when you use “lack of fairness” as your legal argument, Colorado family courtrooms tend to enforce the agreement unless you can prove there was a lack of adequate disclosure.

With a change in circumstances, marital agreements can often be overturned when one spouse is facing a great hardship as a result of the divorce.  This may occur when a child becomes disabled or a spouse cannot find work outside of the home and needs more spousal maintenance.

If the agreement was signed under duress, fraud, or undue influence, the court may view this as a reason to invalidate it.  Oftentimes, the stress of a divorce can cause one spouse to feel pressured to sign the documents even if he or she doesn’t fully understand them.  Upon later review, he or she may realize this error and want to make the agreement a fair one.

Other reasons to invalidate marital agreements may include a lack of financial disclosure, or the failure to attach required “exhibits” to the agreement.  Consult with a Colorado Springs family lawyer if you feel your marital agreement should be invalidated for any reason.