What is a separation agreement?

Colorado Revised Statutes (C.R.S.), section 14-10-112, states in part, “the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the allocation of parental responsibilities, support, and parenting time of their children.”  A separation agreement is a 123document that contains the agreement between the parties of a divorce.  It is akin to a contract, but even more powerful, because once the parties file the separation agreement with the Court, the Court will incorporate it with the divorce Decree.  When that happens, the parties are ordered by the Court to comply with the separation agreement.  If a party fails to comply, he or she will be in contempt of Court.

The separation agreement contains written descriptions of every single term of the agreement the parties reach in their divorce case, such as, the parenting schedule, the child support amount, the maintenance amount, and how the property is to be divided.  According to C.R.S. section 14-10-112, the Court must adopt the separation agreement as a Court Order unless it considers it to be “unconscionable,” or unfair, in which case the Court can either enter its own orders or ask the parties to come up with a new agreement.

If a mediation is successful, the parties should immediately sign and complete a written separation agreement so that the agreement is reduced to writing.  Heidi Town can assist in resolving your divorce case through mediation, and she can also assist in getting your agreement in a written form.  Call the Attorneys of Highlands Ranch today for more information.

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