Legal Question in Family Law in Colorado

Can you please decipher the following regarding a portion of a separation agreement...

"Appointment of Clerk Of Court

The parties agree to execute any or all documents necessary to effectuate this separation agreement.Should either party fail to execute or deliver such documents to the other party within 10 days of the delivery of the same to the party or other part's councel, Then this separation agreement shall constitute an actual grant, assignment and conveyance of such property rights in such a manner and with such force and effect as shall be necessary to effectuate the terms hereof. Furthermore, the clerk of the District Court shall be appointed to execute such documents pursuant to rule 70 of the Colorado Rules of Civil Procedure and any other available remedy and the cost of such proceeding shall be borne by the defaulting party, including attorney fees" ...The question is , ..are these steps set forth regarding requests made prior--in order to set the separation agreement in motion? It's not stating that at any point after the divorce that if items are requested by either party that they must be handed over within 10 days? Thank you.


Asked on 6/29/16, 2:42 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

This only applies to documents necessary to transfer property or put title in the correct names in accordance with the separation agreement - such as signing over title to a jointly owned car which was awarded to one party in the separation agreement. It has no application to documents that do not relate to marital property or debt.

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Answered on 6/30/16, 1:10 am


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