C.R.S. § 14-2-101 Short title
14-2-101. Short title. This part 1 shall be known and may be cited as the "Uniform Marriage Act".
Marriage and Rights of Married Persons
C.R.S. tit. 14, art. 2
in effectC.R.S. § 14-2-102 Purposes - rules of construction
14-2-102. Purposes - rules of construction. (1) This part 1 shall be liberally construed and applied to promote its underlying purposes.
(2) Its underlying purposes are:
(a) To strengthen and preserve the integrity of marriage and to safeguard meaningful family relationships;
(b) To provide adequate procedures for the solemnization and registration of marriage.
C.R.S. § 14-2-103 Uniformity of application and construction
14-2-103. Uniformity of application and construction. This part 1 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this part 1 among those states which enact it.
C.R.S. § 14-2-104 Formalities
14-2-104. Formalities. (1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.
(3) Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman:
(a) Entered into prior to September 1, 2006; or
(b) Entered into on or after September 1, 2006, that complies with section 14-2-109.5.
C.R.S. § 14-2-105 Marriage license and marriage certificate
14-2-105. Marriage license and marriage certificate. (1) The executive director of the department of public health and environment shall prescribe the form for an application for a marriage license, which must include the following information:
(a) Name, sex, address, last four digits of the social security number, and date and place of birth of each party to the proposed marriage, which proof of identity and date of birth may be by a birth certificate, a driver's license, a passport, or other comparable evidence;
(b) If either party has previously been married, such party's married name and the date, place, and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse;
(b.5) If either party has previously been a partner in a civil union and, if so, the name of the other partner in the civil union, or the date, place, and court in which the civil union was dissolved or declared invalid, or the date and place of death of the former partner in the civil union;
(c) Name and address of the parents or guardian of each party;
(d) Whether the parties are related to each other and, if so, their relationship, or, if the parties are currently married to each other, a statement to that effect.
(2) The executive director of the department of public health and environment shall prescribe the forms for the marriage license, the marriage certificate, and the consent to marriage.
C.R.S. § 14-2-106 License to marry
14-2-106. License to marry. (1) (a) When a marriage license application has been completed and signed by both parties to a prospective marriage and at least one party has appeared, or both parties appeared if permitted pursuant to section 14-2-106.5, before the county clerk and recorder and has paid the marriage license fee of seven dollars, a fee of twenty dollars to be transmitted by the county clerk and recorder to the state treasurer and credited by the treasurer to the Colorado domestic abuse program fund created in section 39-22-802 (1), and an additional amount established pursuant to section 25-2-121, such amount to be credited to the vital statistics records cash fund pursuant to section 25-2-121, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:
(I) Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has judicial approval, as provided in section 14-2-108; and
(II) Satisfactory proof that the marriage is not prohibited, as provided in section 14-2-110.
(b) Violation of subsection (1)(a)(I) of this section makes the marriage voidable.
(2) Repealed.
C.R.S. § 14-2-106.5 License to marry without appearing in person
14-2-106.5. License to marry without appearing in person. (1) A county clerk and recorder may permit the parties to a prospective marriage to satisfy the requirement to appear before the county clerk and recorder by an interactive audiovisual communication technology or online functionality, for the following limited purposes:
(a) To verify application information;
(b) To present satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective;
(c) To present satisfactory proof that the marriage is not prohibited; or
(d) To pay required fees.
(2) A county clerk and recorder shall not permit the procedure described in subsection (1) of this section if either of the parties are under eighteen years of age, or if the parties are using interactive audiovisual technology and are unable to appear together. Nothing in this section changes any requirement that must be satisfied in the state of Colorado.
(3) A county clerk and recorder who permits the parties to a prospective marriage to satisfy certain requirements without appearing in person and staff members who carry out duties on behalf of the county clerk and recorder pursuant to this section shall complete the training and curricula developed by the human trafficking council created in section 18-3-505 for persons who work in or who frequent places where human trafficking victims are likely to appear. The training and curricula must be completed prior to permitting parties to a prospective marriage to satisfy certain requirements without appearing in person pursuant to this section; except that if a county clerk and recorder permits the parties to a prospective marriage to satisfy certain requirements without appearing in person on and before June 18, 2021, the training and curricula must be completed no later than thirty days after June 18, 2021. A county clerk and recorder who permits the parties to a prospective marriage to satisfy certain requirements without appearing in person shall maintain records demonstrating compliance with this subsection (3) and shall display a notice of compliance with this subsection (3) in a place that is accessible to the public in the county clerk and recorder's office and on its website. A county clerk and recorder and staff members who carry out duties of the county clerk and recorder shall complete the training and curricula requirements pursuant to this subsection (3) at least once every year for as long as the county clerk and recorder permits the parties to a prospective marriage to satisfy certain requirements without appearing in person pursuant to this section.
(4) Repealed.
C.R.S. § 14-2-107 When licenses to marry issued - validity
14-2-107. When licenses to marry issued - validity. Licenses to marry shall be issued by the county clerk and recorder only during the hours that the office of the county clerk and recorder is open as prescribed by law and at no other time, and such licenses shall show the exact date and hour of their issue. A license shall not be valid for use outside the state of Colorado. Within the state, such licenses shall not be valid for more than thirty-five days after the date of issue. If any license to marry is not used within thirty-five days, it is void and shall be returned to the county clerk and recorder for cancellation.
C.R.S. § 14-2-108 Judicial approval
14-2-108. Judicial approval. (1) The juvenile court, as defined in section 19-1-103, after a reasonable effort has been made to notify the parents or legal guardians of each underage party, may order the county clerk and recorder pursuant to subsection (2) of this section to issue a marriage license and a marriage certificate form to a person sixteen or seventeen years of age.
(2) (a) The court may order the county clerk and recorder to issue a marriage license under subsection (1) of this section only if the court finds, after reviewing the report of the guardian ad litem appointed pursuant to subsection (2)(b) of this section, that the underage party is capable of assuming the responsibilities of marriage and the marriage would serve the underage party's best interests. Pregnancy alone does not establish that the best interests of the party would be served.
(b) (I) Prior to ordering the issuance of a marriage license to an underage party, the court shall appoint a guardian ad litem for the underage party and direct the guardian ad litem to investigate the best interests of the underage party and to file a report with the court addressing the factors set forth in subsection (2)(b)(II) of this section and stating a position as to whether the issuance of a marriage license to the underage party is in the underage party's best interests.
(II) The court shall consider all relevant factors, including:
(A) The wishes of the underage party;
(B) The view of the parents or legal guardians of the underage party, if known;
(C) The ability of the underage party to assume the responsibilities of marriage;
(D) The circumstances surrounding the marriage; and
(E) The ability of the underage party to manage the underage party's financial, personal, social, educational, and nonfinancial affairs independent of the underage party's intended spouse both during the marriage or upon dissolution of the marriage.
(3) The district court or the juvenile court, as the case may be, shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization, being section 14-2-109.
C.R.S. § 14-2-109 Solemnization and registration of marriages - proxy marriage
14-2-109. Solemnization and registration of marriages - proxy marriage. (1) A marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a court, by a public official whose powers include solemnization of marriages, by the parties to the marriage, or in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the county clerk and recorder within sixty-three days after the solemnization. Any person who fails to forward the marriage certificate to the county clerk and recorder as required by this section shall be required to pay a late fee in an amount of not less than twenty dollars. An additional five-dollar late fee may be assessed for each additional day of failure to comply with the forwarding requirements of this subsection (1) up to a maximum of fifty dollars. For purposes of determining whether a late fee shall be assessed pursuant to this subsection (1), the date of forwarding shall be deemed to be the date of postmark.
(2) (a) The requirements for applying for a marriage license for a proxy marriage are the following:
(I) One party to the proxy marriage is a resident of the state of Colorado;
(II) One party to the proxy marriage appears in person to apply for the marriage license and pays the fees required in section 14-2-106 (1);
(III) The signatures of both parties to the proxy marriage are required, and the party present shall sign the marriage license application, as prescribed in section 14-2-105 (2), and provide an absentee affidavit form, as prescribed by the state registrar, containing the notarized signature of the absent party, along with proper identification documents as specified in section 14-2-105 (1)(a) for the absent party; and
(IV) Both parties to the proxy marriage are eighteen years of age or older.
(b) If a party to a marriage is unable to be present at the solemnization, the absent party may authorize in writing a third person to act as the absent party's proxy for purposes of solemnization of the marriage, if the absent party is:
(I) A member of the armed forces of the United States who is stationed in another country or in another state in support of combat or another military operation; or
(II) An individual who is a government contractor, or an employee of a government contractor, working in support of the armed forces of the United States or in support of United States military operations in another country or in another state and who supplies proper identification of that status.
(c) If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
(3) Upon receipt of the marriage certificate, the county clerk and recorder shall register the marriage.
C.R.S. § 14-2-109.3 Rights of underage married persons
14-2-109.3. Rights of underage married persons. (1) In addition to any rights established in law, a married person who has not attained eighteen years of age has the following rights:
(a) The right to establish a domicile separate from the married person's parents;
(b) The right to file motions and petitions with a court in the married person's name and on the married person's own behalf;
(c) The right to enter into enforceable contracts, including but not limited to leases for housing; and
(d) The right to consent to and make decisions concerning the married person's own medical care.
C.R.S. § 14-2-109.5 Common law marriage - age restrictions
14-2-109.5. Common law marriage - age restrictions. (1) A common law marriage entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this state unless, at the time the common law marriage is entered into:
(a) Each party is eighteen years of age or older; and
(b) The marriage is not prohibited, as provided in section 14-2-110.
(2) Notwithstanding the provisions of section 14-2-112, a common law marriage contracted within or outside this state on or after September 1, 2006, that does not satisfy the requirements specified in subsection (1) of this section shall not be recognized as valid in this state.
C.R.S. § 14-2-110 Prohibited marriages
14-2-110. Prohibited marriages. (1) The following marriages are prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;
(a.5) A marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same two parties;
(b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.
(2) Repealed.
C.R.S. § 14-2-111 Putative spouse
14-2-111. Putative spouse. A person who has cohabited with another to whom he or she is not legally married in the good faith belief that he or she was married to that person is a putative spouse until knowledge of the fact that he or she is not legally married terminates his or her status and prevents acquisition of further rights. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his or her status, whether or not the marriage is prohibited under section 14-2-110, declared invalid, or otherwise terminated by court action. If there is a legal spouse or other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.
C.R.S. § 14-2-112 Application
14-2-112. Application. All marriages contracted within this state prior to January 1, 1974, or outside this state that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
C.R.S. § 14-2-113 Violation - penalty
14-2-113. Violation - penalty. Except as provided in section 14-2-109 (1), any person who knowingly violates any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
C.R.S. § 14-2-201 Property ownership
14-2-201. Property ownership. The property, real and personal, that a person in this state owns at the time of his or her marriage, and the rents, issues, profits, and proceeds thereof, and any real, personal, or mixed property that comes to him or her by descent, devise, or bequest, or the gift of any person except his or her husband or wife, including presents or gifts from his or her husband or wife, such as jewelry, silver, tableware, watches, money, and apparel, remains his or her sole and separate property, notwithstanding his or her marriage, and is not subject to the disposal of his or her husband or wife or liable for his or her debts.
C.R.S. § 14-2-202 Married person may sue and be sued
14-2-202. Married person may sue and be sued. A person, while married, may sue and be sued, in all matters having relation to his or her property, person, or reputation, in the same manner as if he or she were unmarried.
C.R.S. § 14-2-203 Rights in separate business
14-2-203. Rights in separate business. A married person may carry on any trade or business and perform any labor or services on his or her sole and separate account, and the earnings of a married person from his or her trade, business, labor, or services is his or her sole and separate property and may be used and invested by him or her in his or her own name. Property acquired by trade, business, and services by the married person and the proceeds may be taken on any execution against the person.
C.R.S. § 14-2-204 Not to affect marriage settlements
14-2-204. Not to affect marriage settlements. Nothing in sections 14-2-201 to 14-2-206 invalidates any marriage settlement or contract.
C.R.S. § 14-2-205 Married person's land subject to judgment
14-2-205. Married person's land subject to judgment. When a person against whom liability exists marries and has or acquires lands, judgment on such liability may be rendered against him or her and his or her husband or wife jointly, to be levied on such lands only.
C.R.S. § 14-2-206 Spouse cannot convey other spouse's lands
14-2-206. Spouse cannot convey other spouse's lands. The separate deed of a spouse conveys no interest in the other spouse's lands.
C.R.S. § 14-2-207 Spouse may convey lands as if unmarried
14-2-207. Spouse may convey lands as if unmarried. A person, while married, may bargain, sell, and convey his or her real and personal property and enter into any contract in reference to the same as if he or she were unmarried.
C.R.S. § 14-2-208 Married person may contract
14-2-208. Married person may contract. A person, while married, may contract debts in his or her own name and upon his or her own credit, and may execute promissory notes, bonds, bills of exchange, and other instruments in writing, and may enter into any contract the same as if he or she were unmarried. In all cases where any suit or other legal proceedings are instituted against the married person and any judgment, decree, or order is rendered or pronounced against the married person, the same may be enforced by execution or other process against the married person as if he or she were unmarried.
C.R.S. § 14-2-209 Loss of consortium
14-2-209. Loss of consortium. In all actions for a tort by a married person, both spouses have an equal right to recover for loss of consortium of his or her spouse.
C.R.S. § 14-2-210 Domicile
14-2-210. Domicile. The right of a person to become a resident domiciled in the state of Colorado must not be denied or abridged because of sex or marital status, and the common law rule that the domicile of a married person is that of his or her spouse is no longer in effect in this state.
C.R.S. § 14-2-301 Short title
14-2-301. Short title. This part 3 may be cited as the "Uniform Premarital and Marital Agreements Act".
C.R.S. § 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.
C.R.S. § 14-2-303 Scope
14-2-303. Scope. (1) This part 3 applies to a premarital agreement or marital agreement signed on or after July 1, 2014.
(2) This part 3 does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before July 1, 2014.
(3) This part 3 does not apply to:
(a) An agreement between spouses which affirms, modifies, or waives a marital right or obligation and requires court approval to become effective; or
(b) An agreement between spouses who intend to obtain a marital dissolution or court-decreed legal separation which resolves their marital rights or obligations and is signed when a proceeding for marital dissolution or court-decreed legal separation is anticipated or pending.
(4) This part 3 does not affect adversely the rights of a bona fide purchaser for value to the extent that this part 3 applies to a waiver of a marital right or obligation in a transfer or conveyance of property by a spouse to a third party.
C.R.S. § 14-2-303.5 Applicability of part and case law to agreements relating to civil unions
14-2-303.5. Applicability of part and case law to agreements relating to civil unions. Prospective parties to a civil union and present parties to a civil union may contract to make an agreement relating to the civil union that includes any of the rights and obligations that may be included in a premarital agreement or marital agreement pursuant to this part 3. The provisions of this part 3 and any case law construing this part 3 apply to any agreement made by prospective parties to a civil union or between present parties to a civil union.
C.R.S. § 14-2-304 Governing law
14-2-304. Governing law. (1) The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined:
(a) By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party at the time the agreement was signed and the designated law is not contrary to section 14-2-309 or to a fundamental public policy of this state; or
(b) Absent an effective designation described in paragraph (a) of this subsection (1), by the law of this state, including the choice-of-law rules of this state.
C.R.S. § 14-2-305 Principles of law and equity
14-2-305. Principles of law and equity. Unless displaced by a provision of this part 3, principles of law and equity supplement this part 3.
C.R.S. § 14-2-306 Formation requirements
14-2-306. Formation requirements. A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration.
C.R.S. § 14-2-307 When agreement effective
14-2-307. When agreement effective. A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties.
C.R.S. § 14-2-308 Void marriage
14-2-308. Void marriage. If a marriage is determined to be void, a premarital agreement or marital agreement is enforceable to the extent necessary to avoid an inequitable result.
C.R.S. § 14-2-309 Enforcement
14-2-309. Enforcement. (1) A premarital agreement or marital agreement is unenforceable if a party against whom enforcement is sought proves:
(a) The party's consent to the agreement was involuntary or the result of duress;
(b) The party did not have access to independent legal representation under subsection (2) of this section;
(c) Unless the party had independent legal representation at the time the agreement was signed, the agreement did not include a notice of waiver of rights under subsection (3) of this section or an explanation in plain language of the marital rights or obligations being modified or waived by the agreement; or
(d) Before signing the agreement, the party did not receive adequate financial disclosure under subsection (4) of this section.
(2) A party has access to independent legal representation if:
(a) Before signing a premarital or marital agreement, the party has a reasonable time to:
(I) Decide whether to retain a lawyer to provide independent legal representation; and
(II) Locate a lawyer to provide independent legal representation, obtain the lawyer's advice, and consider the advice provided; and
(b) The other party is represented by a lawyer and the party has the financial ability to retain a lawyer or the other party agrees to pay the reasonable fees and expenses of independent legal representation.
(3) A notice of waiver of rights under this section requires language, conspicuously displayed, substantially similar to the following, as applicable to the premarital agreement or marital agreement:
If you sign this agreement, you may be:
Giving up your right to be supported by the person you are marrying or to whom you are married.
Giving up your right to ownership or control of money and property.
Agreeing to pay bills and debts of the person you are marrying or to whom you are married.
Giving up your right to money and property if your marriage ends or the person to whom you are married dies.
Giving up your right to have your legal fees paid.
(4) A party has adequate financial disclosure under this section if the party:
(a) Receives a reasonably accurate description and good-faith estimate of value of the property, liabilities, and income of the other party; or
(b) [Reserved]
(c) Has adequate knowledge or a reasonable basis for having adequate knowledge of the information described in paragraph (a) of this subsection (4).
(5) A premarital agreement or marital agreement or amendment thereto or revocation thereof that is otherwise enforceable after applying the provisions of subsections (1) to (4) of this section is nevertheless unenforceable insofar, but only insofar, as the provisions of such agreement, amendment, or revocation relate to the determination, modification, limitation, or elimination of spousal maintenance or the waiver or allocation of attorney fees, and such provisions are unconscionable at the time of enforcement of such provisions. The issue of unconscionability shall be decided by the court as a matter of law.
(6) [Reserved]
(7) [Reserved]
(8) A premarital or marital agreement, or an amendment of either, that is not in a record and signed by both parties is unenforceable.
C.R.S. § 14-2-310 Unenforceable terms
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.
C.R.S. § 14-2-311 Limitation of action
14-2-311. Limitation of action. A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement or marital agreement is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
C.R.S. § 14-2-312 Uniformity of application and construction
14-2-312. Uniformity of application and construction. In applying and construing this uniform act, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
C.R.S. § 14-2-313 Relation to electronic signatures in global and national commerce act
14-2-313. Relation to electronic signatures in global and national commerce act. This part 3 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
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