Legal Question in Family Law in Colorado

Re: How do get Enforcement of my Marital Agreement

To enforce a marital agreement, you must be able to show that each side entered into it voluntarily and had full knowledge of the other party's assets. Thus, as long as you can prove those two elements, then the agreement will be enforced regardless of how one-sided it may be.

However, spousal support is treated differently than the rest of the agreement. Generally, a court will not enforce an agreement on spousal support if it would be unconscionable to do so at the time it is to be enforced (different from at the time of signing the agreement).

Additionally, there is a possibility that your agreement may not be enforceable as a marital agreement depending on whether it was signed in contemplation of a divorce, but that depends on a number of factors.

Given all the contingencies and the various factors at play, I would urge you to contact an attorney of your choice to review your agreement and determine what rights and remedies you have available.

Sincerely,

Christine C. Nierenz, Esq.