CO-DO-1 INSTRUCTIONS When should this form be used? This form should be used when the parties desire to enter into a Separation Agreement in
contemplation of a divorce, which has been filed or will be filed prior to the effective date of this
Agreement. This form is for married persons with no children without joint property or
debts. This form is for the State of Colorado.This form should be completed on your computer, typed or printed in black ink. Both parties
must sign the Agreement and have their signatures witnessed by a notary public. You may
desire to print and sign duplicate originals so that both parties will have a signed original of the
document.
Transfers of Title to Property This form may not be sufficient to transfer title to property such as real estate, automobiles and
other property to be divided. These transfers must be done by a deed, bill of sale, title or other
instruction before the ownership is final. Opportunity to Consult with Attorney This Agreement provides that you were given an opportunity to consult with an attorney of your
choice prior to execution of the Agreement. Divorce Proceeding This form provides that the parties intend to be bound by this Agreement when approved by the
appropriate court. The parties will file a divorce proceeding prior to signing this Agreement, or
have pending a divorce action.
Husband Initials:___________ Wife Initials: ___________DISTRICT COURT, ___________________ COUNTY , COLORADOCase No. __________________, Div./Ctrm ____________ MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT WITH NO DEPENDENT OR MINOR CHILD(REN) In Re the Marriage of:_________________________________ and___________________________________Petitioner RespondentNOTICE:THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS
SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND
OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR
INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT.STATE OF COLORADOCOUNTY OF _________________ WHEREAS, ____________________________________ (full legal name), hereinafter
referred to as "Wife", and _________________________________ (full legal name), hereinafter
referred to as "Husband", are now married, having been married on the _____ day of
____________, _______, in ______________ County, _________________; andWHEREAS, the parties were separated on or about the _______ day of
_______________, 20___, while residing in _______________ County, _________________,
and since that date have been living separate and apart; and WHEREAS, differences have arisen between the parties that have resulted in the
marriage being irretrievably broken and there is no chance of staying together. The parties make
this Agreement to settle once and for all that the parties owe to each other and what the parties
can expect to receive from each other; and
Husband Initials:___________ Wife Initials: ___________ WHEREAS, the parties desire to make a mutually acceptable settlement of their rights,
liabilities, obligations and property rights arising out of and during the course of their marital
relationship. No reconciliation is contemplated; andWHEREAS, the parties agree to execute and exchange any papers that might be needed
to complete this Agreement, including deeds, title certificates, bills of sale, etc.; andWHEREAS, the parties intend that this Agreement shall be binding and effective subject
to approval by the Court in that certain action pending in the District Court, _____________
County, Colorado, Cause Number _______________, which is a divorce action involving
Husband and Wife. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as set forth above and below and being sworn, certify that the all statements contained
herein are true and correct: SECTION 1. SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS The parties shall continue to live separate and apart, free from interference, authority and
control by the other, as if each were sole and unmarried, and each may conduct, carry on and
engage in any employment, business or trade which each shall seem advisable for their sole and
separate use and benefit, without, and free from any control, restraint or interference by the other
party in all respects as if each were unmarried. Neither of the parties shall molest or annoy the
other or seek to compel the other to cohabit or dwell with the other by any proceedings for
restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of
the other, if any.
Husband Initials:___________ Wife Initials: ___________ SECTION 2. FINANCIAL DISCLOSURES By execution of this instrument, each party warrants and represents to the other party
that he or she has fully disclosed their financial status, including their assets and liabilities of
all types and agree that the terms of this Agreement are fair, just, and equitable after
consideration of the financial status of the parties. SECTION 3. ASSETS In General . Husband and Wife are in possession of all personal property belonging to
each, and neither makes any claim to any personal property in the possession of the other except
as otherwise provided herein. There is no joint property to divide. All property titled in the
name of Husband shall be and remain his and all property titled in the name of Wife shall be and
remain hers.
Retirement Accounts. The parties represent that all retirement and pension types of
accounts have been disclosed and agree that there will not be a division of retirement pension
accounts and each party shall keep their respective retirement and pension type accounts.
Life Insurance. The parties agree that they will remove each other’s names from their
respective life insurance policies. Further, that from and after the date of this agreement, husband
and wife disclaim, waive and renounce the right to receive any life insurance benefits or
proceeds, if any, to which they would have been entitled as beneficiary on a life policy
maintained by the other even if they have not been removed as the designated beneficiary on the
date of death of the insured.
Household Furnishing and Effects. (Select as appropriate) The household furnishings and effects of the parties have been mutually divided by
the parties and neither makes claim to any such property in the possession of the other except as
provided below. Wife agrees that the Husband shall retain all of the household furnishings and effects
presently located on the premises at ________________________________________, excepting
Husband Initials:___________ Wife Initials: ___________those items already removed by the Wife, or to be removed, with the Husband’s permission, or
as provided below. Husband agrees that the Wife shall retain all of the household furnishings and effects
presently located on the premises at _________________________________________,
excepting those items already removed by the Husband, or to be removed, with the Wife's
permission, or as provided below. Husband shall be entitled to possession of the following household furnishing and effects:____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Wife shall be entitled to possession of the following household furnishings and effects:____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Each party shall retain as his or her own all of their personal clothing, jewelry and effects. Marital Home. Husband owns improved premises which has been occupied as the marital residence
of the parties located at ___________________________________________________ . It is
understood and agreed that the Husband shall remain and live in the house and be fully
responsible for its mortgage payments and utility charges and other expenses, if any, in
connection with the same. Wife shall retain no interest in said home, legal or equitable. Wife owns improved premises which has been occupied as the marital residence of
the parties located at _______________________________________________________ . It is
understood and agreed that the Wife shall remain and live in the house and be fully responsible
for its mortgage payments and utility charges and other expenses, if any, in connection with the
same. Husband shall retain no interest in said home, legal or equitable.
Husband Initials:___________ Wife Initials: ___________ Husband and Wife rent premises which has been occupied as the marital residence of
the parties located at _____________________________________ . It is understood and agreed
that the Wife shall remain and live in the rental premises and be fully responsible for all rental
payments and utility charges and other expenses in connection with the same. Husband shall
retain no interest in said premises, legal or equitable. Husband and Wife rent premises which has been occupied as the marital residence of
the parties located at _____________________________________ . It is understood and agreed
that the Husband shall remain and live in the rental premises and be fully responsible for all
rental payments and utility charges and other expenses in connection with the same. Wife shall
retain no interest in said premises, legal or equitable. Other: _____________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ SECTION 4.NO CHILDREN There have been no children born to the marriage of Husband and Wife. Wife is not now
pregnant. No Children have been adopted by the parties. SECTION 5. MUTUAL WAIVER OF ALIMONY OR OTHER SUPPORT In consideration of the provisions contained herein for the respective benefits of the
parties and other good and valuable considerations, the parties hereto mutually waive any and all
claim or right to temporary or permanent alimony, maintenance or support, whether past, present
or future.
Husband Initials:___________ Wife Initials: ___________ SECTION 6. DEBTS, LIABILITIES AND EXPENSES Each party agrees to pay their respective debts and agree that there are no joint debts that
remain unpaid at the time of the execution of this Agreement. Husband shall pay his debts and
Wife shall pay her debts. Each party agrees to be fully responsible for their own individual medical expenses and
will maintain their own medical plans, which they may carry either individually or through their
place of employment. SECTION 7. FUTURE EARNINGS AND ACQUISITIONS All income, earnings, or other property received or acquired by either party to this
Agreement on or after the date of execution of this Agreement shall be the sole and separate
property of the receiving or acquiring party. Each party, as of the effective date of this
Agreement, does hereby and forever waive, release, and relinquish all right, title, and interest in
all such income, earnings and other property. SECTION 8. MUTUAL INDEMNITY The parties agree in regard to the payment of debts and other liabilities as stated in this
Agreement that each shall indemnify and hold harmless the other for the payment of same. SECTION 9. INCOME TAXES With respect to any earlier year in which the parties filed joint Federal and State
Income Tax Returns, each party agrees to indemnify the other for any income tax liability,
penalty or deficiency associated with his or her income and shall hold the other party harmless
therefor. The parties shall file separately for the year _______ and each year thereafter.The parties acknowledge that they have been advised that there may be certain tax
consequences pertaining to this Agreement and have been directed and advised to obtain
Husband Initials:___________ Wife Initials: ___________independent tax advice from qualified tax accountants or tax counsel prior to signing this
Agreement, and that each party has had an opportunity to do so. SECTION 10. ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION Each party agrees that he or she will sign and execute any further or additional
documents as may be necessary to put into effect the intended purposes hereof. Each party shall
execute, acknowledge and deliver to the other party any and all instruments and assurances that
the other party may reasonably require or find convenient, expedient, or businesslike for the
purpose of giving full force and effect to the provisions of this Agreement, specifically including
any deeds, affidavits, tax forms or other instruments required of one party to the other in order to
pass good or merchantable title to any property owned by either party during the marital
relationship. SECTION 11.DIVORCE It is agreed and understood that this Agreement finally settles all rights of the parties
and the property jointly or individually owned by the parties, and that this Agreement shall be
incorporated into judgment of the District Court, _____________ County, Colorado, Cause
Number _______________. The parties agree that this Agreement shall be made a part of a
final decree or judgment and such decree or judgment shall not conflict with the terms hereof
except to the extent disapproved by the Court. The parties agree that each mutually submits to
the personal jurisdiction of the District Court, _____________ County, Colorado, so that said
Court has the power to decide any and all matters and questions concerning the dissolution of
the parties’ marriage, and the division of the parties’ property and debts SECTION 12. MODIFICATION This Agreement shall stop and preclude either party from making other or further
demands and claims upon the other, not included herein, except that such legal action may be
taken by either party as is necessary to enforce or modify the terms and provisions hereof, except
that the Property Settlement provision shall not be subject to modification.
Husband Initials:___________ Wife Initials: ___________ SECTION 13. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this
agreement. This agreement was executed free of any duress, coercion, collusion, or undue
influence. In some instances, the Agreement represents a compromise of disputed issues;
however, both parties believe that its terms and conditions are fair and reasonable. SECTION 14. RELEASE, WAIVER, BINDING EFFECT, AND ESTATES Except as otherwise provided for in this Agreement, each party shall be divested of and
each party waives, renounces and gives up all right, title and interest in and to the property
awarded to the other. All property and money received and retained by the parties shall be the
separate property of the respective party, except as is specifically stated herein. Except for those rights and obligations contained in this Agreement, or arising
therefromby operation of law, both parties do hereby release and forever discharge the other party from
all actions, causes of actions, claims and demands whatsoever, known and unknown, suspected
and unsuspected, apparent now or hereafter. It is the specific agreement and purpose of this
paragraph to release and discharge any and all claims and causes of actions of any kind or
nature whatsoever whether specifically mentioned or not, which may exist or might be claimed
to exist at or prior to the date of this Agreement; and, both parties specifically waive any claim
or right to assert that any cause of action or alleged cause of action or claim or demand has
been, through oversight or error or intentionally or unintentionally, omitted from this release
and agreement.The parties shall refrain from, release and relinquish any and all claims that he or she
may have had, may now have, or may hereafter acquire to share in any capacity or to any extent
whatsoever, in the estate of the other, whether by way of statutory allowance, heirship,
homestead rights, or election to take against or under the other party’s Last Will and Testament.
It is the intent of the parties that neither shall be a beneficiary or recipient of property of the
other by Will or intestate succession from and after the date of this Agreement and expressly
waive and reliquinsh any such right regardless of whether the Will of the other has been
Husband Initials:___________ Wife Initials: ___________changed to delete the gift to her or him and regardless of whether one party shall die prior to the
entry of a final judgment of divorce. SECTION 15. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or
attachment and garnishment, for specific performance, or any other remedy legally available to
either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement. SECTION 16.BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non-
bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition
a court of competent jurisdiction for spousal support in an amount sufficient to cover any
amounts so discharged. SECTION 17. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and each party
acknowledges that there are no further agreements not expressly included herein and that this
Agreement may be modified, altered, or amended only in writing, duly signed and notarized by
each in the form of this original. SECTION 18. FULLY READ AND UNDERSTAND; INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement,
consulted with each other, carefully considered same, and have signed and executed same after
such consultation, that the signing of this Agreement is free and voluntary without force or
collusion by either party or any third party, and that each party signed same with the full
knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they
have had a reasonable opportunity to consult with an attorney of their choice in the negotiation
and preparation of this document, and regarding any divorce proceeding.
Husband Initials:___________ Wife Initials: ___________ SECTION 19.SEVERABILITY If any portion of the agreement shall be held to be void, voidable or unenforceable for
any reason, then all the remaining parts or portions shall be construed, implemented and
administered as if such void, voidable or unenforceable portion did not appear herein. SECTION 20. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the
State of Colorado. SECTION 21. EFFECTIVE DATE; HEIRS AND ASSIGNS This agreement shall become binding upon the parties and their legal representatives,
successor, heirs and assigns, immediately following the granting of a final decree of divorce,
and/or by the statutory period upon which said divorce shall be effective, in a proceeding
instituted by either party against the other party, or jointly, provided that the provisions of the
Agreement are approved by the Court in which such proceedings are instituted. In the absence
of the granting of a decree or approval of the Court, the provisions of this Agreement shall have
no effect. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I
have been open and honest in entering into this Settlement Agreement. I am satisfied with this
Agreement and intend to be bound by it. Dated: Signature of Wife Printed Name:______________________________Address: __________________________________City, State, Zip: Telephone Number: Fax Number:
Husband Initials:___________ Wife Initials: ___________Dated: Signature of Husband Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: State of ColoradoCounty of _______________________ The foregoing instrument was acknowledged before me this
__________________________ (date) by _________________________________________
(name of person acknowledged). _________________________________ Notary PublicPrint Name: _______________________My commission expires:___________________State of ColoradoCounty of ______________________ The foregoing instrument was acknowledged before me this
__________________________ (date) by _________________________________________
(name of person acknowledged). _________________________________ Notary PublicPrint Name: _______________________My commission expires:___________________