What is an MOU in Colorado?
In Colorado family law, a Memorandum of Understanding (MOU) is a written document that outlines the agreements reached between two parties — usually during mediation — regarding issues such as child custody, parenting time, division of property, and financial support.
When is it used?
- An MOU is typically created after a successful mediation session, where the parties have reached consensus on some or all issues in their divorce, legal separation, or custody case.
- It serves to memorialize (record) the agreements before they are formally finalized in court documents.
- The MOU is usually submitted to the court along with the final paperwork (like a Separation Agreement or Parenting Plan) to be incorporated into the court’s final orders or decree.
Is it legally binding?
- Standing alone, an MOU is not necessarily legally binding until it is:
- Approved by the court, and
- Incorporated into a formal court order or final decree of divorce or custody.
- Approved by the court, and
- Once the court adopts the terms of the MOU into a court order, it becomes legally enforceable just like any other court order.
For how long is it binding?
- Once incorporated into a final decree, the agreements are binding indefinitely (or until they are modified through a formal court process, if allowed).
- Certain provisions, like child support or parenting time, can often be modified later upon showing a substantial and continuing change in circumstances.
- Other provisions, such as property division, are typically non-modifiable after final orders are entered, unless both parties agree or extraordinary circumstances are shown.
Summary:
An MOU in Colorado family law is a preliminary agreement reached by the parties, usually in mediation. It is not automatically binding until the court adopts it into a final order. Once that happens, it becomes binding and enforceable like any court order, with some parts easier to modify later (like custody) and others (like property division) generally locked in.