Fairfax Virginia Marital Separation Agreement

State:
Virginia
County:
Fairfax
Control #:
VA-LS-028
Format:
Word; 
Rich Text
Instant download

Description

This is an example form of an agreement entered into between a couple (with children) at the point of separation. It is not a divorce contract, but it does address the parties' intent to divorce. The Agreement addresses money and custody issues.

A Fairfax Virginia Marital Separation Agreement is a legally binding contract that outlines the rights and responsibilities of separating spouses in the event of a divorce or separation. It serves as a roadmap for the division of property, assets, debts, and other important matters to facilitate an amicable separation. This agreement is customized to meet the unique needs and circumstances of couples residing in Fairfax, Virginia. It plays a crucial role in establishing clear guidelines for child custody, visitation, and support arrangements, ensuring the best interests of any children involved. Additionally, it outlines spousal support or alimony provisions, as well as insurance and healthcare coverage details. Some common types of Fairfax Virginia Marital Separation Agreements include: 1. Property Division Agreement: This type of agreement outlines how the spouses will divide their shared property, assets, and debts acquired during the marriage. It addresses issues such as real estate, bank accounts, retirement savings, investments, and personal belongings. 2. Child Custody and Support Agreement: This agreement focuses on establishing custody arrangements for minor children, including visitation schedules, decision-making authority, and support payments. It also covers educational expenses, healthcare, and other relevant matters related to the well-being of the children. 3. Spousal Support Agreement: Also known as alimony, this agreement addresses the financial responsibilities of one spouse toward the other after separation or divorce. It outlines the amount, duration, and method of payment, considering factors such as income, earning potential, and contributions made during the marriage. 4. Healthcare and Insurance Agreement: This agreement specifies how healthcare coverage, including medical, dental, and vision, will be handled during and after the separation. It clarifies who will be responsible for maintaining insurance coverage for both spouses and their children. 5. Modification Agreement: In some instances, changes may be required to an existing separation agreement due to various circumstances. A modification agreement allows the spouses to formally revise certain terms and conditions previously agreed upon. A Fairfax Virginia Marital Separation Agreement provides a reliable framework for resolving disputes and streamlining the separation process. It enables couples to have better control over their lives following the end of their marriage, promoting a harmonious and less contentious transition.

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FAQ

You can draft a separation agreement yourself. But, as with all contracts and legal documents, it is best that you consult with a knowledgeable Virginia family law attorney with experience creating separation agreements.

Generally speaking, separation agreement retainers start at $2,500, and contested divorce retainers start at $5,000 or $7,500. A retainer fee is a sum of money that must be paid up front in order to open your case with the office.

Except for child custody and child support, separation agreements are binding, forever, for both parties. Virginia law allows judges to modify or review child custody and child support decisions at any time when it would serve the child's best interests.

In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But there's a catch ? the opposing party will have to agree to sign.

Separation agreements have to be signed to be enforceable. It is customary, but not legally required, that they be notarized. It is also prudent to have the parties initial each page so that it is not possible to later claim that text was tampered with.

In Virginia, you can only get an agreement overturned if you can prove two things: (1) that there was duress (like, you were forced into signing it, like if he held you at gunpoint), and (2) that the agreement was unconscionable (no reasonable person would have signed that agreement).

Virginia is not a community property state. That means that there's no automatic 50/50 split when you're getting divorced and you're trying to figure out what to do with your marital assets. A marital asset or marital property is anything that was acquired during the marriage.

Even with a separation agreement in place, the parties are not ?legally separated.? Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.

You are considered ?legally separated? when a court sanctions an agreement between you and your spouse detailing each party's rights to child custody, support, and property division while you're still married but living apart.

Even with a separation agreement in place, the parties are not ?legally separated.? Again, Virginia does not have a procedure for obtaining a status of legal separation. A separation agreement is not a court order. A fully executed agreement is a valid contract and as such is enforceable by general contract principles.

More info

At Virginia Family Law Center, we help clients throughout Fairfax and Northern Virginia establish property settlement agreements. In Virginia, the divorce ground for an uncontested divorce is being separated from your spouse for the requisite period.The law also dictates when the court has jurisdiction over divorce proceedings. In Virginia, you do not file a separation agreement with the court, unless you wish the court to approve it as part of the divorce proceeding. When a divorce from the bonds of matrimony is granted, the divorce is complete and absolute. Basic information about divorce laws in Virginia. In some instances, spouses may choose to effectuate a separation as an alternative to pursuing divorce or in order to begin the divorce process. Like many other states, Virginia recognizes both marital and separate property. (full name)). Plaintiff.

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Fairfax Virginia Marital Separation Agreement