Colorado § 14-10-112 Separation agreement

Colorado Statutes

§ 14-10-112 — Separation agreement

Colorado·Title 14 Domestic·Art. Uniform Dissolution of Marriage Act

(1)To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, 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.

(2)In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the allocation of parental responsibilities, support, and parenting time of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence pr

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(1) To promote the amicable settlement
of disputes between the parties to a marriage attendant upon their separation or
the dissolution of their marriage, 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.

(2) In a proceeding for dissolution of marriage or for legal separation, the
terms of the separation agreement, except terms providing for the allocation of
parental responsibilities, support, and parenting time of children, are binding upon
the court unless it finds, after considering the economic circumstances of the
parties and any other relevant evidence produced by the parties, on their own
motion or on request of the court, that the separation agreement is unconscionable.

(3) If the court finds the separation agreement unconscionable, the court
may request the parties to submit a revised separation agreement, or the court may
make orders for the disposition of property, support, and maintenance.

(4) If the court finds that the separation agreement is not unconscionable as
to support, maintenance, and property:

(a) Unless the separation agreement provides to the contrary, its terms shall
be set forth in the decree of dissolution or legal separation, and the parties shall be
ordered to perform them; or

(b) If the separation agreement provides that its terms shall not be set forth
in the decree, the decree shall identify the separation agreement and shall state
that the court has found the terms not unconscionable.

(5) Terms of the agreement set forth in the decree may be enforced by all
remedies available for the enforcement of a judgment, including contempt, but are
no longer enforceable as contract terms.

(6) Except for terms concerning the support, the allocation of decision-making responsibility, or parenting time of children, the decree may expressly
preclude or limit modification of terms set forth in the decree if the separation
agreement so provides.

Colorado § 14-10-112 (Separation agreement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 525, � 1. C.R.S. 1963: � 46-1-12. L. 93: (1), (2), and (6) amended, p. 576, � 6, effective July 1. L. 98: (1), (2), and (6) amended, p. 1397, � 39, effective February 1, 1999.