(a) Disclaimed all interests passing to them under the will; and |
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(b) Became disqualified to serve as personal representative, executor, administrator, or trustee. |
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(2.5) For purposes of this section, "relative" of an individual's spouse means a person who is related to the spouse by blood, adoption, or affinity and who, if the individual and the individual's spouse were divorced, would not be related to the individual by blood, adoption, or affinity. |
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(3) A marital agreement may not adversely affect the right of a child to child support. |
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Source: L. 86: Entire part added, p. 713, § 1, effective July 1. L. 96: (2) amended and (2.3) and (2.5) added, p. 653, § 2, effective July 1. |
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| ANNOTATION | ||||
General assembly did not intend to preclude courts from reviewing waivers of attorney fees in marital agreements for unconscionability at the time of enforcement. Trial court may review a waiver of attorney fees in a marital agreement for unconscionability at the time of dissolution, because an unconscionable waiver violates the public policy interest behind protecting spouses and thus is not a valid contract term under this section. In re Ikeler, 161 P.3d 663 (Colo. 2007). |
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Trial court was required to enforce and, if necessary, interpret the child support provision of a foreign marital agreement entered into in Sweden and identifying Sweden under a choice of law provision of such agreement, even though the agreement had not been incorporated into a Swedish order. Matter of C.G.G., 946 P.2d 603 (Colo. App. 1997). |
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