Attacking and Defending Premarital Agreements | Episode 41

Attacking and Defending Premarital Agreements in ColoradoIn this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into attacking and defending premarital agreements (prenups) in Colorado divorce cases. They explain why prenup litigation often turns on motivation and timing, and why the choice-of-law clause matters when an agreement points to another state’s rules (like California or Illinois) instead of Colorado.Ryan walks through Colorado’s evolving legal framework—from the pre-1986 common law era (including Newman) to the Colorado Marital Agreement Act (effective July 1, 1986) and later updates tied to the Uniform Premarital and Marital Agreements Act (effective July 1, 2014). The discussion highlights the two big categories of challenges—substantive vs. procedural fairness—and why Colorado generally focuses far more on procedure (voluntariness, disclosure, independent counsel, timing) than on whether the deal “feels fair,” especially for property division. They also cover key exceptions where fairness/public policy can matter more, including spousal maintenance (unconscionability at divorce) and attorney fee waivers (including the impact of Eichler).Episode OutlineWhere the Analysis Starts Motivations for enforcing vs. challenging a prenup and why the governing law (choice of law) can change everything.Colorado’s Prenup “Regimes” Over Time How the law shifted from case-law rules to statutory frameworks (1986 and 2014 changes).Procedural vs. Substantive Fairness Why Colorado often enforces harsh property terms if procedure was fair, and where courts do scrutinize outcomes.Maintenance and Attorney Fees Exceptions How unconscionability at the time of divorce can impact maintenance waivers, and why fee waivers can fail under public policy.Procedural Attacks That Actually Move the Needle Timing, voluntariness, duress claims, independent counsel, and (most importantly) financial disclosure problems.Other Challenge Theories Public policy provisions, fraud/non-disclosure, revocation, repudiation, and abandonment through conduct.How These Cases Are Litigated Bifurcation, written discovery, depositions (lawyers/notaries/witnesses), and attorney file production to prove what really happened.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.