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JDF1115

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JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 1 of 9
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
SEPARATION AGREEMENT (MARRIAGE)
To promote the amicable settlement of disputes among parties, parties 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,
attach additional pages to the form. Any additional pages must include signatures.
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. 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.
It is important to remember that 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 institutions, insurance
companies, etc. of any changes.
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.)
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 2 of 9
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)
P
P
R
Both (indicate %)
P ____% R____%
P ____% R____%
The parties agree to sell the Real Estate. Any proceeds or monies owed following the sale with be divided to
the parties as follows: Petitioner: $ ___________ or _________% and Co-Pet/Resp: $___________ or
_________%.
The parties agree to prepare documents (e.g. Quit Claim Deed) to transfer title by ________________ (date).
The party who will take ownership and title of the property
will have _____months from (date) or
will have until (date) to refinance the loan and remove the other spouse from the debt.
The parties agree to an equity payout.
The Petitioner Co-Pet/Resp. will pay $ ___________ to the Petitioner Co-Pet/Resp. 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 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.
(Loan Payment, Registration,
Insurance)
Year
Make
Model
VIN#
P
R
P
R
Both (indicate %)
P ____% R____%
P ____% R____%
P ____% R____%
P ____% R____%
P ____% R____%
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 3 of 9
The parties agree to sign over the 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.
The parties agree to the following terms relating to all accounts.
Identify Name of Bank or Financial
Institution
Identify
Type of
Bank
Account
Distribution of each account.
P =
100%
R =
100%
Both (indicate %)
P ____% R____%
P ____% R____%
P ____% R____%
P ____% R____%
P ____% R____%
The parties agree to divide/transfer the funds by (date).
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 ___________________________________ (name of spouse) as beneficiary
for ________ (years/months) or until _________________________ (specific date)
and/or
The Co/Petitioner/Respondent will carry life insurance on his/her life in the amount of $ ____________
with __________________________________ (name of spouse) as beneficiary
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 4 of 9
for ________ (years/months) or until __________________________ (specific date)
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
The parties agree to divide 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.
P = 100%
R = 100%
Both (indicate %)
P _____% R_____%
P _____% R_____%
P _____% R_____%
The parties agree to divide/transfer the funds by __________________________ (date).
The parties have already divided/transferred the funds per this agreement.
Other:
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 5 of 9
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 of Funds, Shares, etc. within the
various accounts.
P = 100%
R = 100%
Both (indicate %)
P _____% R_____%
P _____% R_____%
P _____% R_____%
The parties agree to divide/transfer the funds by ___________________________ (date).
The parties have already divided/transferred the funds per this agreement.
The Petitioner Co-Petitioner/Respondent 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: Petitioner: __________% and Co-Petitioner/Respondent:
___________%. 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 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
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 6 of 9
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 (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.
P
R
Both (indicate %)
$
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
P _____% R_____%
Total debt to be assumed by Petitioner
$
P ____%
Total debt to be assumed by Co-
Pet/Resp.
$
R____%
Other:
Section 3: Taxes
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 7 of 9
The parties will file a joint separate married filing separately tax return for
___________________________ (identify tax year(s)).
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
$ _____________. In order for the Court to modify this provision in the future, you must select 4(b) below.
3. Payments will begin on _____________________ (date) and will end on ____________________ (date).
In order for the Court to modify this provision in the future, you must select 4(b) below.
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: (You may select one or both of the two following options.)
The amount of the maintenance payments; and/or
The amount of time that the maintenance shall be paid.
5. 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 Petitioner Co-Petitioner/Respondent.
Other:
Section 5: Other Terms
Identify below any agreements not identified in Sections 1 – 4.
JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 8 of 9
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.
SIGNATURE
___________________________________ _________________________________________________
(printed name of Petitioner) Signature of Petitioner Date
________________________________________________________________________________________
Petitioner’s Address City State Zip Code
________________________________________________________________________________________
(Area Code) Home Telephone Number Area Code) Work Telephone Number
___________________________________
Signature of Attorney if applicable Date
________________________________________________________
SIGNATURE
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JDF 1115 R2/18 SEPARATION AGREEMENT (MARRIAGE)
Page 9 of 9
___________________________________ __________________________________________________
(printed name of Co-Petitioner/Respondent) Signature of Co-Petitioner/Respondent Date
_________________________________________________________________________________________
Co-Petitioner/Respondent’s Address City State Zip Code
_________________________________________________________________________________________
(Area Code) Home Telephone Number Area Code) Work Telephone Number
___________________________________
Signature of Attorney if applicable Date
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
(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: _______________________________________
_______________________________________
_______________________________________ ______________________________________
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JDF1115

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Completed 25 February 2021

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