Divorce Settlement Agreement - Colorado

SEPARATION AND MARITAL SETTLEMENT AGREEMENT

(Governing Law: Colorado Domestic Relations Act)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
    3.1 Division of Property
    3.2 Allocation of Debts
    3.3 Spousal Maintenance
    3.4 Child Support
    3.5 Allocation of Parental Responsibilities
    3.6 Insurance & Benefits

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties
This Separation and Marital Settlement Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [SPOUSE A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”); and
• [SPOUSE B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B”).

Spouse A and Spouse B are collectively referred to herein as the “Parties.”

1.2 Recitals
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
B. An action for dissolution of marriage is pending or will be filed in the [NAME OF COLORADO DISTRICT COURT], Case No. [CASE #] (the “Action”).
C. The Parties desire to settle fully and finally all issues arising out of their marriage, including property division, maintenance, child support, and parental responsibilities, in accordance with the Colorado Domestic Relations Act, Colo. Rev. Stat. § 14-10-101 et seq.

1.3 Consideration
The mutual promises and covenants contained herein constitute good and sufficient consideration.

1.4 Jurisdiction & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict-of-laws principles. Venue for any court proceedings shall lie exclusively in the Colorado district court having jurisdiction over the Action.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned by applicable Colorado law.

“Action” – has the meaning set forth in Recital B.
“Child(ren)” – the Parties’ minor child(ren): [NAME, DOB]; [NAME, DOB].
“C.R.S.” – Colorado Revised Statutes, as amended.
“Marital Assets” – property classified as marital under C.R.S. § 14-10-113, including the marital increase in value of an otherwise separate asset under subsection (4).
“Separate Property” – property excluded under C.R.S. § 14-10-113(2), apart from any increase in value treated as marital under subsection (4).
[ADD ADDITIONAL DEFINED TERMS AS NEEDED]

3. OPERATIVE PROVISIONS

3.1 Division of Property

3.1.1 Equal Division. The Parties acknowledge that Colorado requires an equitable (though not necessarily equal) division of Marital Assets. The Parties agree that the allocations herein constitute an equitable distribution under Colo. Rev. Stat. § 14-10-113 (2023).

3.1.2 Marital Assets.
a. Real Property. Title to the marital residence located at [ADDRESS] is awarded to [SPOUSE] subject to the mortgage identified on Schedule A. The recipient shall refinance the mortgage within [REFINANCE DEADLINE] months.
b. Personal Property. Tangible personal property shall be divided as set forth on Schedule B.
c. Retirement Assets. Qualified domestic relations orders (“QDROs”) shall be prepared at the joint expense of the Parties to divide the retirement accounts enumerated on Schedule C.

3.1.3 Separate Property. Each Party retains his or her Separate Property as listed on Schedule D free and clear of any claim by the other.

3.2 Allocation of Debts

Except as expressly otherwise provided, debts shown on Schedule E shall be assumed and indemnified by the Party to whom the corresponding asset is distributed.

3.3 Spousal Maintenance

3.3.1 Waiver or Award. [SELECT ONE: (a) Waiver. Each Party irrevocably waives spousal maintenance; or (b) Award. Spouse ☐ shall pay Spouse ☐ maintenance of $[AMOUNT] per month commencing [DATE] for [TERM] months.]

3.3.2 Statutory Compliance. The Parties will present any maintenance award or waiver for court review under C.R.S. § 14-10-112. Unless the Parties agree otherwise in writing and the decree expressly limits modification as applicable, a maintenance award may be modified or terminated under C.R.S. §§ 14-10-114(5)(a) and 14-10-122.

3.4 Child Support

3.4.1 Guideline Support. Child support shall be paid by [OBLIGOR] to [OBLIGEE] in the amount of $[AMOUNT] per month in accordance with the worksheet attached as Schedule F, consistent with Colo. Rev. Stat. § 14-10-115 (2023).

3.4.2 Medical & Educational Expenses. Uninsured medical, dental, vision, and agreed extracurricular expenses shall be allocated [PERCENTAGES] and are subject to reimbursement within [30] days of documented request.

3.4.3 Income Exchange. Parties shall exchange updated income documentation annually by [DATE].

3.5 Allocation of Parental Responsibilities

3.5.1 Decision-Making. Major decisions (education, medical, religious, extracurricular) shall be made [jointly / by designated parent] consistent with the best-interests standard of Colo. Rev. Stat. § 14-10-124(1.5)(b) (2023).

3.5.2 Parenting Time. Parenting time shall follow the schedule in Schedule G. Holiday and vacation parenting time shall supersede the regular schedule.

3.5.3 Relocation. If C.R.S. § 14-10-129(1)(a)(II) applies, the relocating parent shall provide the other parent written notice as soon as practicable of the intent to relocate, the intended location, the reason for the relocation, and a proposed revised parenting time plan. The statute does not prescribe a fixed number of notice days.

3.6 Insurance & Benefits

Each Party shall maintain, at his or her sole cost, life insurance in the face amount of $[AMOUNT] naming the minor Child(ren) as irrevocable beneficiaries until each Child reaches the age of [19 / high-school graduation]. Health insurance for the Child(ren) shall be maintained by [PARTY] as long as available at reasonable cost.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made a full and honest disclosure of all assets, liabilities, and income.

4.2 Authority. Each Party has full power and authority to enter into and perform this Agreement.

4.3 No Undue Influence. Each Party acknowledges executing this Agreement voluntarily, free from duress or undue influence, and after the opportunity to seek independent legal counsel.

4.4 Survival. The representations and warranties contained in this Section shall survive the Effective Date and the entry of any Decree of Dissolution incorporating this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute any additional instruments reasonably necessary to effectuate the terms of this Agreement, including but not limited to deeds, titles, and QDROs.

5.2 Temporary Injunction. When the dissolution or legal-separation petition has been filed and served, or service has been accepted or waived, the Parties shall comply with the temporary injunction under C.R.S. § 14-10-107(4)(b) for as long as it remains in effect.

5.3 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement confidential.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any material breach of payment, conveyance, or indemnification obligations constitutes an “Event of Default.”

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [15] days to cure monetary defaults and [30] days to cure non-monetary defaults.

6.3 Remedies. Upon failure to cure, the non-defaulting Party may seek:
a. Entry of judgment for unpaid sums;
b. Specific performance;
c. Contempt sanctions; and
d. Recovery of reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnity. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any claim, loss, or liability arising out of the Indemnifying Party’s breach of this Agreement. Liability is limited to the Indemnifying Party’s share of Marital Assets, and shall not exceed such assets’ net value as of the Effective Date.

7.2 Limitation of Liability. Except for willful misconduct or fraud, neither Party shall be liable for consequential or punitive damages.

7.3 Force Majeure. Performance deadlines shall be tolled during any period in which performance is rendered impossible by a Force Majeure Event (e.g., natural disaster, governmental order, pandemic) provided that the affected Party gives prompt written notice and resumes performance as soon as reasonably practicable.

8. DISPUTE RESOLUTION

8.1 Family Court Jurisdiction. The Colorado district court presiding over the Action shall retain exclusive jurisdiction to interpret and enforce this Agreement.

8.2 Mediation Requirement. Before filing a post-decree motion, the Parties shall engage in good-faith mediation with a mutually selected mediator, unless urgent court relief is needed or a Party claims physical or psychological abuse by the other Party and is unwilling to mediate. This agreement does not prevent either Party from seeking court relief without mediation in those circumstances.

8.3 Arbitration (Limited). If mediation fails, the Parties may agree in writing to arbitrate disputes about property or other non-child financial terms of this Agreement under C.R.S. § 13-22-206. Child-related disputes are outside this arbitration clause. C.R.S. § 14-10-128.5 separately permits court-appointed arbitration of disputes concerning minor or dependent children with all parties’ consent, subject to its statutory review procedure.

8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent injunctive relief, including restraining orders under C.R.S. § 13-14-101 et seq.

8.5 Jury Waiver. Not applicable—family matters are tried to the court.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment must be in a written instrument signed by both Parties and, where required, approved by the court. No waiver shall be effective unless in writing.

9.2 Assignment. Neither Party may assign rights or delegate duties under this Agreement without the prior written consent of the other, except that child-related obligations are non-delegable as a matter of law.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to reflect the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Separation and Marital Settlement Agreement as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT BLOCK FOR EACH PARTY]
State of Colorado )
County of ________ ) ss.

Subscribed and sworn before me on _________________, 20__, by ____________________________.

____________________________________
Notary Public
My commission expires: _____________

SCHEDULES (Attach as Needed)

• Schedule A – Real Property Allocation
• Schedule B – Personal Property Allocation
• Schedule C – Retirement Assets / QDRO Detail
• Schedule D – Separate Property List
• Schedule E – Debt Allocation
• Schedule F – Child Support Worksheet
• Schedule G – Parenting Plan / Calendar