Colorado Marital Settlement Agreement Form

In the case of the spouses reaching a marital agreement for a divorce case in the State of Colorado, the following form has to be completed and submitted.

Extracted Text for Proper Search

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 1 of  8   
District Court ___________________________ County, Colorado	 	
Court Address:  
 
 
In re the Marriage of:   
Petitioner:  
and  
Co-Petitioner/Respondent:   	
 
 
 
 
 
 
 
 
COURT USE ONLY  	
Attorney or Party W ithout Attorney 	(Name and Address)	:  	
 
 
 
Phone Number: ___________ _ E -mail: _______________ _________  
FAX Number: 	_____________	   Atty. Reg. #:	____________	 	
Case Number:	 	
 
 
 
 
Division 	_______ 	Courtroom	 ______	 	
SEPARATION 	AGREEMENT 	 	
 
 
To promote the amicable settlement of disputes among parties, a  husband and wife getting a divorce (dissolution 
of marriage) or legal separation may enter into a written  separation agreement containing provisions for 
maintenance ( spousal support)  for either party and for  the disposition of property  and debt .  The Court must follow 
the  separation  agreement as it pertains to the parties themselves and to property, unless the Court finds the 
agreement unconscionable , in which case it may order the parties to submit a revised agreement.  
 
 
You may use this form  as a separation  agreement to submit to the Court.  This  standard  form does not  include 
every possible issue  that may be relevant to the facts of your case.   A section entitled "Other Terms" is available 
for  you  to identify  unique issues that you may have in your case.   If you need more space than is provided, 
atta ch additional pages to the form.   Any additional pages must include notarized signatures.  
 
 
This is a:   
	F ull  Agreement  (W e  agree to everything and this A greement is signed by both parties)   	
	Partial Agreement  (We agree to some things and this A greement 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.   This is a required form if you 
have any issues that you cannot agree 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.  
(Husband “H” or Wife “W”)   
 
It is important to remember that it is the responsibility of the part y 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 s, insurance compan ies, etc. of any changes.

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 2 of  8   
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.  	
(Mortgage, Taxes, Insurance)  	
H 	W	 	H 	W	 	Both (indicate %)	 	
 		 		 		 		 	H __	__% W_	___	% 	
 		 		 		 		 	H ____% W____%	 	
 
	The parties agree to sell the Real Estate .  Any  proceeds or monies owed  following the sale with be divided to 
the parties as follows:  Husband:   $ ___________ or  _________% and Wife:  $___________ or  _________%.  	
	The parties agree to p repare documents (e.g. Quit Claim Deed) t o transfer title by ____ ____________ (date).  	
	The party who will take ownership and title of the property   
	will have _____months from        	 (date) or    	
	will have unt il      	 (date) t o refinance the loan  and remove the other spouse from the debt.  	
	The parties agree to an equity payout.   
The 	
	husband 		wife will pay $ ___________ to the 		husband 		wife by ____________________  (date).   	
	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 o wn 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 . 	
( Loan P ayment , Registration , 	
Insurance)	 	
Year	 	Make	 	Model	 	VIN#	 	H 	W	 	H 	W	 	Both (indicate %)	 	
 	 	 	 		 		 		 		 	H ____% W____%	 	
 	 	 	 		 		 		 		 	H ____% W____%	 	
 	 	 	 		 		 		 		 	H ____% W____%	 	
 	 	 	 		 		 		 		 	H ____% W____%	 	
 	 	 	 		 		 		 		 	H ____% W____%

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 3 of  8   
	The parties  agree to sign over t he respective  title of each  vehicle by ________ ___________________ (date).  	
	The party who will take ownership and title of the vehicles   
	will have _____months from      	 (date) or   	
	will have until      	 (date) 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 . 	
	Th e parties agree to the following terms relating  to all  account s. 
 
Identify Name of Bank or Financial 
Institution  	
Identify 
Type of 
Bank 
Account	 	
Distribution of each account.	 	
H = 
100% 	
W = 
100% 	
Both (indicate %)	 	
 	 		 		 	H 	____%	 W	____%	 	
 	 		 		 	H 	____%	 W	____%	 	
 	 		 		 	H 	____%	 W	____%	 	
 	 		 		 	H 	____%	 W	____%	 	
   		 		 	H 	____%	 W	____%	 	
 
	The parties agree to divide/transfer  the funds by       	 (date).  	
	The parties have already di vided/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  husband will carry life insurance on his life in the am ount of $ ____________  
with _________________________________ __ (name of spouse) as beneficiary   	
	for	 ________ (years/months) or 		until  _________ ________________ (specific date)	 	
and/or  	
	The wife will  carry life insurance on her  life in the am ount of $ ____________  
  with ______________________________ ____ (name of spouse) as beneficiary   	
	for	 ________ (years/months) or 		until  ________________ __________ (specific date)

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 4 of  8   
	Other:  
               
               
               
               	 	
 
E.  Furniture, House hold 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 	 	H 	W	 	Identify Items	 	
 	
H 	W	 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 
	The parties agree to di vide the  furniture,  household  goods,  and other personal property  by 
_______________ ____________ (date).  	
	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 of Funds, Shares, etc. 	 	
H = 100%	 	W = 100%	 	Both (indicate %)	 	
 		 		 	H ___	__% W_____%	 	
 		 		 	H _____% W_____%	 	
 		 		 	H _____% W_____%	 	
 
	The parties agree to divide /transfer the funds by __________________________ (date).  	
	The parties have already divided/transferred the funds per this agreement.

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 5 of  8   
	Other:  
               
               
               
               	 	
 
G.     Pension, Profit Sharing or Retirement Fu nds 	(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, Prof	it Sharing or 	
Retirement Fund  	
Distribution of Funds, Shares, etc. within the 	
various accounts.	 	
H = 100%	 	W = 100%	 	Both (indicate %)	 	
 		 		 	H _____% W_____%	 	
 		 		 	H _____% W_____%	 	
 		 		 	H _____% W_____%	 	
 
	The parties agree to divide /transfer the funds by _________ __________________ (date).  	
	The parties have already divided/transferred the funds per this agreement.  
 
The 
	husband 		wife  is responsible for preparing and submitting a Qualified Domestic Relations Order (QDRO) 
by contacting their fund provider or an attorney by _____________________ _____ (date).  
The cost to prepare the QDRO  will be paid as follows : Husband:  __________% and Wife: ___________%.     
Note :  A QDRO is necessary in order for the division of the retirement plan to be completed.   Without a 
QDRO, plans will not be divided regardless of the parties’  agreement identified within this form.  	
	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 h ave any assets in this category.  	
	The parties agree to the following terms relating to all miscellaneous assets listed below.  
 
Identify Items 	 	H 	W	 	Identify Items	 	
 	
H 	W	 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 		 	
 		 		 	 		 	

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 6 of  8   
 
	The parties agree to divide  the  various assets listed above  by __________________________ (date).  	
	The parties have already divided the various assets listed above  per this agreement. 	
	Other:  
               
               
               
               	 	
 
 
Section  2:    Debts  
 
	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 	
paym	ents.	 	
H 	W	 	Both (indicate %)	 	
   $ 		 		 	H _____% W_____%	 	
    		 		 	H _____% W_____%	 	
    		 		 	H _____% W_____%	 	
    		 		 	H _____% W_____%	 	
    		 		 	H _____% W_____%	 	
    		 		 	H _____% W_____%	 	
 	 	 		 		 	H _____% W_____%	 	
 	 	 		 		 	H _____% W_____%	 	
 	 	 		 		 	H _____% W_____	% 	
 	 	 		 		 	H _____% W_____%	 	
 	 	 		 		 	H _____% W_____%	 	
Total debt to be assumed by Husband	 	$ 	H ____%	 	 	
Total debt to be assumed by Wife	 	$ 	W____%	 	 	
 
 
Section 3:   Taxes  
 
	The parties  will file a 		joint  		separate 		married filing	 	separately t ax return for 
________ ___________________  (identify tax year(s) ). 	
	State and Federal refunds and/or money owed will be allocated as follows:  	Husband:  _____% and W ife: ______%.  	
	Other:

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 7 of  8   
Section 4:   Maintenance (Spousa l Support) 	Check only one box.	 	
 
	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.  	
	Maintenance Agreement:   
1.  		Husband	 	Wife shall pa y maintenance to the 		Husband 		W ife.	    
The Payments will be	
 	weekly	 	bi -weekly  		twice a month 		monthly  in the amount of   
$ ________ ___ __.   	
2. 	Payments will begin on _____________________ (date) and will end on ______________ ______ (date), 
or until the Court  modifies this Order pursuant to § 14-10-122, C.R.S.  	
3.  	Maintenance shall be paid: (check one)  
	To the Family Support Registry (FSR) along with child support ,  P. O. Box 2171, Denver, CO 80201-
2171.    	
	Directly to the 		Husband 		W ife 	
	Other:   
               
               
               	 	
  
Section  5:   Other Terms	 	
 
Identify below any agreements not identified in Sections 1 –  4 .    
               
              
              
              
              
              	 	
 
 	
Important Information  - Please Read   	
 	Change of titl e 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 o f 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, ca rs, 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 C ourt 
for sanctions for the other party’s refusal to follow this  Order.

JDF 1115   R 3/10    S EPARATION  AGREEMENT    Page 8 of  8   
Please re-read this document  carefully to make sure it accurately reflects your agreement. This document 
includes all agreed upon terms and y our signature below indicates that you have read and agree with  all 
terms  identified  within this agreement.  This document should  be signed in the presence of a notary 
public or court cle rk.  
 
 
___________________________________    ________________________________________ ____ 
Petitioner’s  Signature    Date  		Co-Petitioner’s	 	Respondent ’s Signature   Date 	
 
___________________________________    ________________________________________ ____ 
Signat ure of Attorney, if applicable    Date   Signature of Attorney, if applicable     Date  
___________________________________    ________________________________________ ____ 
Petitioner’s  Address      Co-Petitioner/Respondent’s  Address  
___________________________________    ________________________________________ ____ 
City, State, Zip Code       City, State, Zip Code   
___________________________________    ________________________________________ ____ 
(Area Code) Home  Telephone Number      (Area Code) Home  Telephone Number     
___________________________________    ________________________________________ ____ 
(Area Code)  W ork Telephone Number     (Area Code)  W ork Telephone Number     
 
 
 
Subscribed and affirmed, or sworn to before me     Subscribed and affirmed, or sworn to before me  
i n the County of ________________________,     in the County of _________________________,    
State of ____________________, this _______    State of ____________________, this ________  
day of ________________, 20 ____.     day of ________________, 20 ____.  
 
My Commission Expires:  _________________    My Commission Expires: ___________________  
 
__________________________________ ___   _______________________________________  
Notary Public/Clerk      Notary Public/Clerk  
 
 	
 	
IF ONLY ONE PARTY SIGNS THE SEPARATION AGREEMENT,   
COMPLETE  THE CERTIFICATE OF SERVICE  BELOW. 	
 
 
CERTIFICATE OF SERVICE 
 	
 	I certify that on ________________________ (date) ,  a true and accurate copy of the SEPARATION 
AGREEMENT  was served on the other party by:  
 
	Hand Delivery, 		E -filed, 		Faxed to this number: ___________________, or   
 	
	B y placing it in the United States mail, postage pre- paid, and addressed to the following: 
 
To:  _______________________________________  
         _______________________________________  
         _______________________________________    ______________________________________  
        Your signature