Separation agreements, which are also known as property settlement agreements or marital settlement agreements, are contracts that clearly spell out the rights and responsibilities of each party during the separation and after the divorce.
If you have been presented with an agreement to sign, you can consult with an attorney at Davidson & Kitzmann, PLC. You need to make sure that you are not waiving important rights. Because of the complexity of the law impacting these agreements, it is always best to have an experienced divorce lawyer by your side.
Do You Need a Property Settlement Agreement?
In Virginia, you do not need to have a signed agreement to be legally separated. In order to finalize a divorce, however, a couple must have resolved all issues of property, debt, support, and custody. Many couples choose to resolve these issues with a written agreement rather than submit these issues to a judge to resolve.
How an Experienced Virginia Divorce Attorney Can Help with a Property Settlement Agreement?
Divorce law consists of dozens of written statutes and hundreds of court decisions interpreting and construing those statutes. The statutes are often modified each year and new court cases are issued every month. As a result, the law is constantly changing. An agreement prepared by an inexperienced lawyer or obtained from the internet will often be out of date, poorly drafted, or fail to protect your interests. We assist our clients by helping to uncover hidden or unknown assets, determining which property should be included in the divorce, negotiating for the custody outcome our clients want, and otherwise protecting our clients’ interests.
Should You Sign an Agreement Without an Attorney?
Using an attorney to negotiate and draft your agreement can ensure that you do not lose important rights. Too often, we have had people come to us after they have signed an agreement, and we have to tell them that they have lost important rights.
What If You Have Already Signed an Agreement?
If you have already signed an agreement, the provisions relating to child custody, child visitation or child support are subject to change by the court if there has been a change of circumstances since the time the agreement was signed. Provisions of an agreement relating to property, debt or spousal support, however, are typically binding and cannot be changed by a judge. In very rare circumstances, it may be possible to set aside the agreement.
What Does a Separation Agreement Typically Cover?
- Division of personal property
- Division of real estate
- Division of pensions and retirement
- Division of businesses
- How debts of the marriage will be paid
- Child Support
- Spousal support
- Medical insurance for a spouse or children
- Life insurance for the benefit of children or a spouse
- Which parent will be entitled to exemptions for the children
- Future modification of support
- How future disputes will be resolved
If you need a separation agreement reviewed or need help negotiating a separation agreement please call us at (434) 972-9600 or contact us using the form below.
Please note that the use of our contact form does not create an attorney-client relationship and therefore there is no attorney-client protection for the information you choose to submit to us. As such, please do not submit any confidential or privileged information in the contact form.
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.
Davidson & Kitzmann, PLC
413 7th ST NE
Charlottesville, VA 22902
Phone: (434) 972-9600
Fax: (434) 220-0011
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