Some people mistakenly assume that once they sign the paperwork in a divorce, what’s done is done.  But not every marital agreement will hold up in a legal contest for validity.  One Colorado Springs divorce lawyer clearly outlines the grounds for attacking Colorado marital agreements, and his remedies may surprise you.  If you feel that your rights were violated or you were coerced into signing a marital agreement in your divorce, It is possible for an attorney to take action on your behalf.  Regardless of the fact that the agreement has been signed as an order of court under state law, an unfair agreement can still be undone.

In a recent article by a Colorado Springs divorce lawyer from the Marrison Law Firm, “What are the Grounds for Attacking Marital Agreements in Colorado?,” the author references another article that was published by the Colorado Bar Association.  According to this publication, “Marital Agreements in Colorado,” there are several ways to invalidate a divorce agreement.

First, there is the issue of fairness, also known as “unconscionability,” where the terms of the agreement are so unfair or outrageous that any judge would find it invalid in the eyes of the law.  These grounds are often appealed when the plaintiff entered into the agreement voluntarily, regardless of its perceived unfairness, but it will be incumbent upon the defendant to prove that there was adequate disclosure.

Secondly, an agreement may be nullified by a change in circumstances.  A Colorado Springs divorce lawyer can help you determine if your situation would qualify, but this is generally considered in the interest of mitigating potential hardship on a former spouse and/or dependent children.

When the agreement is in violation of public policy, or includes a form of illegal bias such as religious discrimination, the agreement may be rendered invalid.

Other ways to invalidate a marital agreement include undue influence, duress, involuntary execution or fraud, all of which may occur when one party is unable to hire legal counsel at the time of the agreement’s execution.  In order to prevail in this type of appeal, one must prove that the other party intentionally committed fraud or deception, or otherwise prevented the other party from making a decision of their own free will through some form of coercion or threat.

Any attempt to attack the validity of a marital agreement, it is important to work with an experienced attorney.  If you feel that your marital agreement may be invalidated due to some of the reasons outlined above, look for a Colorado Springs divorce lawyer with experience defending clients’ rights in a divorce agreement.

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