Separation Agreements in Colorado

What is a separation agreement?

A separation agreement is a written understanding between the two parties to a divorce which defines all the necessary settlements between them such as the disposition of property, maintenance and parental responsibilities. It can be quite difficult to cover all the situations and eventualities that can arise after divorce. For this reason, it's best for both parties to craft the separation agreement in conjunction with a professional Colorado Springs divorce attorney.

The rules regarding separation agreements in Colorado are laid down in the Colorado Revised Statues under Title 14, Article 10, Subsection 112. It was incorporated in order to ease the settlement of disputes between parties and allow them to arrive at a mutually satisfactory understanding that benefits both parties in a divorce or a proceeding for legal separation. It has been observed that such agreements are liable to be cheaper and less likely to cause resentment than orders that are passed by the court which are likely to satisfy neither of them.

Perhaps the most interesting aspect of a separation agreement is that its terms are binding provided the court does not consider the terms of the agreement "unconscionable." The only sections that aren't binding are those relating to child custody and parental responsibilities. For these sections alone, the state has a vested interest. For example, certain guidelines exist for determining the amount of child support depending on the economic situation as well as the number of children. The court can enforce terms that are different from the separation agreement if it finds that these minimum requirements for child support are not met.

Decree of Dissolution and the separation agreement

The separation agreement need not be directly incorporated into the decree of dissolution of marriage. If the terms of the agreement specify that it must be kept separate, the decree of dissolution will merely refer to the agreement and mention that the court doesn't have any problems with it.

Engaging a Colorado Springs Divorce Attorney

When you create a separation agreement, you must ensure that you have covered all possibilities. Once you sign it of your free will, the court has no choice but to enforce it in the same way it would enforce a judgment. Therefore, it is most advisable to hire a professional attorney who has experience with these matters and who will be able to foresee complications that you don't. Our Clawson & Clawson attorneys will be able to guide you and provide you with an ironclad agreement that will keep you safe and covered. Contact us for a free initial consultation.