Colorado § 14-2-302 - Definitions.

§ 14-2-302. Definitions.

In this part 3:

(1) "Amendment" means a modification or revocation of a premarital agreement or marital agreement.

(2) "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement.

(3) "Marital dissolution" means the ending of a marriage by court decree. The term includes a divorce, dissolution, and annulment.

(4) "Marital right or obligation" means any of the following rights or obligations arising between spouses because of their marital status:

(a) Spousal maintenance;

(b) A right to property, including characterization, management, and ownership;

(c) Responsibility for a liability;

(d) A right to property and responsibility for liabilities at legal separation, marital dissolution, or death of a spouse; or

(e) An award and allocation of attorney's fees and costs.

(5) "Premarital agreement" means an agreement between individuals who intend to marry which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed before the individuals marry, of a premarital agreement.

(6) "Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein, including income and earnings.

(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(8) "Sign" means with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound, or process.

(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July 1, 2014.

Editor's note: This section is similar to former §§ 14-2-302 and 14-2-306 as they existed prior to 2013.

ANNOTATION

Annotator's note. Since § 14-2-302 is similar to § 14-2-302 as it existed prior to the 2013 repeal and reenactment of this part 3, relevant cases construing that provision have been included in the annotations to this section.

The requirement of subsection (1) that present spouses sign a marital agreement prior to the filing of a dissolution action is based on public policy considerations that seek to safeguard the interests of a spouse involved in the emotionally stressful circumstances of a dissolution action. In re Lafaye, 89 P.3d 455 (Colo. App. 2003).

The more specific language of this act, requiring that marital agreements be in writing and signed by both parties, prevails over the general language in § 14-10-113. Although § 14-10-113 (2)(d) does not require a "valid agreement" to be in writing, in harmonizing the statutes, subsection (1) of this section must be given effect. Therefore, parties' oral agreement during marriage to exclude the parties' respective retirement accounts and inheritances from the marital estate was not a valid agreement. In re Zander, 2019 COA 149, 486 P.3d 352, aff'd, 2021 CO 12, 480 P.3d 676.

Further, parties' conduct after entering into oral agreement could not be treated as partial performance that satisfied the writing and signature requirements of the Colorado Marital Agreement Act in effect at the time. In re Zander, 2021 CO 12, 480 P.3d 676.

Interspousal transfer deed by husband to wife as her separate property did not create a new presumption excluding the home from marital property. Court erred in creating an exception to the four statutory presumptions in § 14-10-113 (2). On remand, trial court must consider whether the interspousal transfer deed was evidence of one of the statutory exceptions to the marital property presumption. In re Blaine, 2021 CO 13, 480 P.3d 691.

Agreement entered into between parties eight days prior to commencement of an action for dissolution in Sweden constitutes a marital agreement. Matter of C.G.G., 946 P.2d 603 (Colo. App. 1997).

Where agreement was entered into two days prior to mailing Mexican divorce papers and two months before the filing of a Colorado petition for dissolution of marriage, but executed in contemplation of a dissolution of marriage, it must be considered a separation agreement. In re Bisque, 31 P.3d 175 (Colo. App. 2001).

Post-nuptial agreement not enforceable under the plain language of the act because it was signed by husband and wife during the pendency of the prior dissolution action. In re Lafaye, 89 P.3d 455 (Colo. App. 2003).

Giving effect to a nunc pro tunc dismissal of a dissolution of marriage action would be contrary to the public policy of the Colorado Marital Agreement Act where not only did the parties sign a post-nuptial agreement while a dissolution action was pending, but counsel had admonished the parties not to sign the agreement until that action had actually been dismissed. By the time counsel signed the stipulation for dismissal, the parties' attempted reconciliation had failed. In re Lafaye, 89 P.3d 455 (Colo. App. 2003).