Colorado Separation Agreement (Marriage)

SEPARATION AGREEMENT (MARRIAGE)

District Court County, Colorado

Court Address:

In re the Marriage of:

Petitioner:

and

Co-Petitioner/Respondent:

COURT USE ONLY

Attorney or Party Without Attorney (Name and Address):

Phone Number: E-mail:

FAX Number: Atty. Reg. #:

Case Number:

Division Courtroom

This is a:

Full Agreement (We agree to everything and this Agreement is signed by both parties)

Partial Agreement (We agree to some things and this Agreement is signed by both parties)

No Agreement (Prepared by signer and mailed to the other party)

If this is a partial Agreement or the Agreement was prepared by one party, please complete and file with the Court JDF 1129 - Pretrial Statement to identify issues that you have not agreed on. A hearing may be necessary to address the issues.

Section 1: Assets

You must list all assets as identified on the Sworn Financial Statement (JDF 1111). If you do not own any assets within the category identified, please check the appropriate box. If you do own the asset, please identify who will have possession of the asset and who will be responsible for any obligations for the asset, if applicable.

Petitioner (“P”) throughout this Agreement means and refers to (name).

Co-Petitioner/Respondent (“R” or Co-Pet./Resp.) throughout this Agreement means and refers to (name).

A. Real Estate (Check all that apply.)

The parties do not own any Real Estate.

The parties agree to the following terms relating to all Real Estate owned.

Identify address Party who will take ownership and title Party who will assume all obligations

Identify address Party who will take ownership and title Party who will assume all obligations

The parties agree to sell the Real Estate. Any proceeds or monies owed following the sale will be divided to the parties as follows: Petitioner: and Co-Pet/Resp:

The parties agree to prepare documents (e.g. Quit Claim Deed) to transfer title by

The party who will take ownership and title of the property will have months from or will have until to refinance the loan and remove the other spouse from the debt.

The parties agree to an equity payout. The will pay $ to the by

The parties have already transferred title and have notified the lender of the change in ownership per this agreement.

Other:

B. Motor Vehicles and/or Recreation Vehicles (Check all that apply.)

The parties do not own any Motor Vehicles and/or Recreation Vehicles.

The parties agree to the following terms relating to all Motor Vehicles & Recreation Vehicles owned.

Identify type Party who will take ownership and title Party who will assume all obligations VIN#

Identify type Party who will take ownership and title Party who will assume all obligations VIN#

Identify type Party who will take ownership and title Party who will assume all obligations VIN#

The parties agree to sign over the respective title of each vehicle by

The party who will take ownership and title of the vehicles will have months from or will have until to refinance the loan and remove the other spouse from the debt.

The parties have already transferred title per this agreement.

Other:

C. Cash on Hand, Bank, Checking, and Savings Accounts (Check all that apply.)

The parties do not have any accounts.

The parties agree to the following terms relating to all accounts.

Identify Name of Bank or Financial Institution Identify Type of Bank Account Distribution

Identify Name of Bank or Financial Institution Identify Type of Bank Account Distribution

The parties agree to divide/transfer the funds by

The parties have already divided/transferred the funds per this agreement.

Other:

D. Life Insurance (Check all that apply.)

The parties do not have life insurance.

The parties agree to the following terms relating to all life insurance accounts.

Neither party will be required to carry life insurance on his/her life.

or

The Petitioner will carry life insurance on his/her life in the amount of $ with as beneficiary for or until

and/or

The Co/Petitioner/Respondent will carry life insurance on his/her life in the amount of $ with as beneficiary for or until

Other:

E. Furniture, Household Goods, and Other Personal Property (Check all that apply.)

The parties do not have any assets in this category.

The parties have divided the furniture, household goods, and other personal property and are satisfied with the division.

The parties agree to the following terms relating to all furniture, household goods and other personal property.

Identify Items P R Identify Items P R

Identify Items P R Identify Items P R

The parties agree to divide the furniture, household goods, and other personal property by

Other:

F. Stocks, Bonds, Mutual Funds, Securities & Investment Accounts (Check all that apply.)

The parties do not have any accounts.

The parties agree to the following terms relating to all accounts.

Identify name of Stock, Bond, Mutual Fund, etc. Distribution

Identify name of Stock, Bond, Mutual Fund, etc. Distribution

The parties agree to divide/transfer the funds by

The parties have already divided/transferred the funds per this agreement.

Other:

G. Pension, Profit Sharing or Retirement Funds (Check all that apply.)

The parties do not have any funds.

The parties agree to the following terms relating to all retirement accounts.

Identify type of Pension, Profit Sharing or Retirement Fund Distribution

Identify type of Pension, Profit Sharing or Retirement Fund Distribution

The parties agree to divide/transfer the funds by

The parties have already divided/transferred the funds per this agreement.

The is responsible for preparing and submitting a Qualified Domestic Relations Order (QDRO) by contacting their fund provider or an attorney by .

The cost to prepare the QDRO will be paid as follows: Petitioner: and Co-Petitioner/Respondent: .

Other:

H. Miscellaneous Assets (When completing this section, please consider items identified on the Sworn Financial Statement under “Miscellaneous Assets” and “Separate Property”.)

The parties do not have any assets in this category.

The parties agree to the following terms relating to all miscellaneous assets listed below.

Identify Items P R Identify Items P R

Identify Items P R Identify Items P R

The parties agree to divide the various assets listed above by

The parties have already divided the various assets listed above per this agreement.

Other:

Section 2: Debts (unsecured)

List unsecured debts such as credit cards, store charge accounts, loans from family members, back taxes owed to the I.R.S., etc. Do not list debts that are liens against your property, such as mortgages and car loans, because that payment is already listed above.

The parties do not have any debt.

The parties agree to the following terms relating to all debt and the party responsible for the debt will indemnify and hold the other party harmless.

Identify Name of Creditor Date of Balance Balance $ Party Responsible for future payments

Identify Name of Creditor Date of Balance Balance $ Party Responsible for future payments

Total debt to be assumed by Petitioner $

Total debt to be assumed by Co-Pet/Resp. $

Section 3: Taxes

The parties will file a joint separate married filing separately tax return for .

State and Federal refunds and/or money owed will be allocated as follows: Petitioner: and Co-Petitioner/Respondent: .

Other:

Section 4: Maintenance (Spousal/Partner Support)

Both parties acknowledge that they have reviewed the maintenance guidelines contained in §14-10-114, C.R.S.

Both parties forever waive their right to receive maintenance. The parties understand that once the Court accepts a party’s waiver, that party may never request maintenance.

Both parties agree to the terms of the following Maintenance Agreement:

1. Petitioner Co-Petitioner/Respondent shall pay maintenance to the Petitioner Co-Petitioner/Respondent.

2. The Payments will be weekly bi-weekly twice a month monthly in the amount of $ .

3. Payments will begin on and will end on .

4. The parties agree on one of the following terms: (Select either a or b. DO NOT select both.)

a. The terms of this Maintenance Agreement are contractual in nature and shall not be modified in the future.

OR

b. The following terms of the Maintenance Agreement are modifiable by the Court pursuant to § 14-10-122, C.R.S:

The amount of the maintenance payments; and/or

The amount of time that the maintenance shall be paid.

5. Maintenance shall be paid:

To the Family Support Registry (FSR) along with child support, P. O. Box 2171, Denver, CO 80201-2171.

Directly to the .

Other:

Section 5: Other Terms

Identify below any agreements not identified in Sections 1 – 4.

Important Information - Please Read

Change of title does not end the obligation you may have to notify the financial institution. Court approval of any provision to remove either party from a loan does not require the lender to actually release the party from the commitment.

It is the responsibility of the party who is awarded the asset to prepare the necessary documents to change the title of the property with the county and to notify any financial institution, insurance companies, etc. of any changes.

Joint debt of any kind, for example mortgage, cars, credit cards, remain joint until paid in full or refinanced. Joint credit cards should be destroyed and individual credit cards issued to each spouse to avoid future liability.

The Parties understand that if either of them refuses to execute any documents under this agreement, C.R.C.P. 70 allows the Clerk of the Court to do so. A party may also ask the Court for sanctions for the other party’s refusal to follow this Order.

Please re-read this document carefully to make sure it accurately reflects your agreement. This document includes all agreed upon terms and your signature below indicates that you have read and agree with all terms identified within this agreement.

By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.

By checking this box, I am acknowledging that I have made a change to the original content of this form.

VERIFICATION AND ACKNOWLEDGEMENT

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the day of , , at

IF ONLY ONE PARTY SIGNS THE SEPARATION AGREEMENT, COMPLETE THE CERTIFICATE OF SERVICE BELOW.

CERTIFICATE OF SERVICE

I certify that on , a true and accurate copy of the SEPARATION AGREEMENT (MARRIAGE) was served on the other party by:

Hand Delivery, E-filed, Faxed to this number: , or

By placing it in the United States mail, postage pre-paid, and addressed to the following:

To:

Your signature