Can a Prenup Be Overturned?

December 4, 2025

Prenuptial Agreements

Most couples don’t marry with the expectation of divorce. While this may lead many to avoid a prenuptial agreement altogether, it can mean that those who sign them might not take them as seriously as they otherwise would, leading them to seek a way out. The Broomfield prenuptial agreement lawyers at Danielsen Westhoff can help you understand whether you have the grounds to overturn your current prenuptial agreement.

A Prenuptial Agreement is Binding

It is not difficult to generate a valid and enforceable prenuptial agreement in Colorado according to the Premarital and Marital Agreements Act. In most cases, it must meet the following criteria:

  • It should be reasonably fair
  • Both parties should willingly agree to the terms free of coercion or duress
  • The agreement cannot contradict other public policy such as child support
  • The agreement must come with full financial disclosure
  • A prenuptial agreement should be in writing and signed by both parties prior to the marriage

It is wise to sign the agreement several weeks or even months prior to the wedding. This ensures that both parties have adequate time to consult their own legal counsel to protect their interests and reduces the likelihood of accusations of coercion.

Unenforceable Terms

Prenuptial agreements are meant to protect the parties regarding the division of assets or finances. Therefore, clauses addressing terms like household chores or domestic responsibilities are typically unenforceable.

Similarly, infidelity clauses are often difficult to enforce, due to Colorado’s status as a no-fault divorce state. However, you may have an argument to adjust the asset or debt division if one person spent significant marital resources on an affair.

Grounds to Overturn a Colorado Prenup

Outside of some of the unenforceable clauses of a Colorado prenup, there are a few reasons a judge may let you out of the terms. These can include:

  • When both parties agree to divert from the agreement
  • Evidence that one party signed the agreement under duress
  • Evidence to support that one spouse did not have adequate time to speak with an attorney
  • Incorrect or missing components of the agreement
  • Evidence that one spouse intentionally hid or misrepresented their assets or debts when you drafted the initial agreement

You may also have a successful claim to deviate from the prenuptial agreement if you can show a significant change in financial status since the document was signed, or if the judge finds the agreement to be unfair. An example of this may be where one party is saddled with significantly more debt without proportionate assets.

What To Do If You Want to Overturn Your Prenup

If you find yourself wanting to revisit the terms of your prenup or completely overturn it, the best course of action is to discuss your situation with an attorney. At Danielsen Westhoff, we know this can be a challenging and stressful time, but without an experienced family law attorney in Broomfield to help you determine whether you have grounds to overturn the agreement, or whether it is even valid, you may be stuck agreeing to unfair terms, or those based on inaccuracies or coercion.