Is it possible to get a prenup in a common law marriage?

My fiancee and I live in Colorado, a state that recognizes common-law marriage.  Can we obtain a prenuptial agreement in a common law marriage that takes place in Colorado?

Answers

A minority of states, including Utah, Texas, South Carolina, Rhode Island, Montana, Kansas, Iowa, Colorado, Oklahoma, the District of Columbia, Pennsylvania, and Alabama, recognize common-law marriage.  In order to be eligible for a common law marriage, you and your fiancee must agree either orally or in writing that you are married, hold yourselves out as husband and wife, live together, and be viewed in the community as a married couple.   Each state determines the period of time during which a couple must be married before they are considered married under the law.  A prenuptial agreement may be formed in a common law marriage provided that the parties intend to get married.  In other words, in order for the premarital contract to be valid, there must be a marriage that follows the execution of the former.  If you meet the requirements of a common-law marriage in Colorado, your marriage and consequently your prenuptial agreement will be recognized in all states.

Talk to a Family Lawyer before making any decisions regarding prenuptial agreements. It is important to get qualidied legal advice regarding these matters.

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