2018 Colorado Revised Statutes
Title 14 - Domestic Matters
Marriage and Rights of Married Persons
Article 2 - Marriage and Rights of Married Persons
Part 3 - Uniform Premarital and Marital Agreements Act
§ 14-2-310. Unenforceable terms

  • (1) In this section, "custodial responsibility" means parental rights and responsibilities, parenting time, access, visitation, or other custodial right or duty with respect to a child.

  • (2) A term in a premarital agreement or marital agreement is not enforceable to the extent that it:

    • (a) Adversely affects a child's right to support;

    • (b) Limits or restricts a remedy available to a victim of domestic violence under law of this state other than this part 3;

    • (c) Purports to modify the grounds for a court-decreed legal separation or marital dissolution available under law of this state other than this part 3;

    • (d) Penalizes a party for initiating a legal proceeding leading to a court-decreed legal separation or marital dissolution; or

    • (e) Violates public policy.

  • (3) A term in a premarital agreement or marital agreement which defines the rights or duties of the parties regarding custodial responsibility is not binding on the court.

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