Separation agreements offer a number of enormous benefits for the separation or divorce of couples: if a year of separation has passed, the Virginia courts will grant a final and absolute divorce. For more information, check out our article: 10 things not to do if you get a divorce. What is closest to Virginia`s type of separation granted by other states is what is called a “bed-and-board divorce,” which is limited to error-based cases and is very rarely granted in Virginia. Separation agreements can be used to resolve a number of issues related to the dissolution of a marriage. However, many child care and assistance provisions, which are often requested or included in separation agreements, are effectively unenforceable under Virginia legislation. For more information, please see the non-enforceable deposit and support conditions in the separation agreements. If you are facing a divorce or separation in Virginia, or if you have any questions about legal separations in Virginia, send us a message to arrange a consultation or call us at the Manassas Law Group at 703-361-8246. Any separation agreement focuses on provisions to resolve the main problems between the parties: property and debt, spos assistance, childcare, visitation and assistance, etc. However, separation agreements generally also have a number of standard provisions that can have very interesting legal consequences.
These “boiler plate” rules deal with things like: freedom of interference; Divorce without fail; Legal fees; Enforcement of the law Publication of financial information Reconciliation; Amending the agreement And much more. For more information, please see the provisions of the boiler platform in the Virginia Separation Agreements. The evidence of the date of separation is a finding of fact, so the courts need some kind of evidence to confirm the date of separation. For more information, please specify the date of separation in a divorce in Virginia. The harsh reality of Virginia`s law is that after the signing of a separation agreement by both parties, it is extremely difficult, if not impossible, to set aside. If there is a reason for divorce, the spouse, who is not guilty, can file for divorce from the bed and board. In the event of a divorce submitted by the bed and board, neither party can remarry or legally establish a sexual relationship with another person. Second, a separation agreement, developed for you by an experienced family law lawyer, will generally contain a multitude of provisions that protect your interests under Virginia law. A general online form agreement that is not specific to the state and is not tailored to your individual needs can make you vulnerable and vulnerable to very bad financial consequences. Emotional tensions in an unhappy marriage can make it more difficult, if not impossible, for the average couple to handle divorce and separation in a cold or objective manner. A lawyer with a specific knowledge of divorce, custody and related matters law can help a client be fully aware of his or her own rights and obligations in this complex legal area. Instead of allowing the court to rule on the questioning, the parties have the opportunity to enter into a voluntary agreement that raises the concerns they expressed during the divorce.
The court will implement the agreement as soon as it has been signed in writing, signed, sworn by both parties and duly authenticated notarial. Oral agreements that share marital property may also be applicable, but only if they meet certain strict requirements.