CONSIDERING that we have all acted in good faith and have all communicated to each other in a fair, accurate and complete manner with respect to all financial and property matters relating to this Marriage Agreement; Given the percentage of marriages that end in divorce, everyone could be affected by separation or divorce in one way or another. The dissolution of a marriage often involves property rights and financial issues and can raise complex legal issues, especially if children are involved. CONSIDERING that we wish to settle mutually by mutual agreement all matters relating to our marital affairs, personal and immovable property and finances; In the typical separation agreement or settlement provision to dissolve a divorce, it should be indicated whether the agreement should survive the divorce judgment as a separate contract or whether it should be merged and included in the divorce judgment, allowing for a change similar to a court order. Which one to choose? When negotiating your agreement, you should be guided by how a court is likely to divide your property, award custody and child support, and deal with other issues. The personal property of the parties that has not already been divided between them, including, but not limited to, household items, clothing, collections, computer equipment and works of art, is divided as follows: The husband and wife acknowledge that each entered into this Agreement in good faith and without coercion or undue influence. Each of them understands their right to seek independent legal advice with respect to this Agreement and each has had the opportunity to seek independent legal advice prior to signing this Agreement. But if you think your partner will later dispute this communication, you should have a written record indicating your intention to end the marriage permanently. If you prove the date of separation, there is a statement of facts, and the court will see this as evidence to confirm the date of your separation. As part of the equitable distribution of matrimonial succession, the courts may order the granting of money to one of the parties, divide the property, order the sale of the property or transfer the co-owner matrimonial property to one of the parties.
The courts may also share responsibility for marital debts. Under Virginia`s “equitable distribution” system, the court is not required to divide marital property or marital debts equally. Instead, the court will consider various factors listed in Virginia`s Fair Distribution Act, including each party`s relative monetary and non-monetary contributions to the welfare of the family and the acquisition and maintenance of matrimonial property. Pensions and pension plans accumulated during the marriage are also subject to division by the court as part of its allocation for equitable distribution. However, by law, neither party may receive more than half of the amount of the other party`s pension or pension plan accumulated during the marriage. Division of property (§ 20-107.3) – The court decides, at the request of one of the parties, the division of the property, whether the property is matrimonial or separate, and the nature of all debts. Since Virginia has passed an Equitable Distribution Act, the court will distribute matrimonial property and debts as it deems fair, not necessarily the same (as in fifty-fifty). The court takes into account the following with regard to the division of property and debts, the amount of any monetary arbitration, the division of debts and the method of payment: instead of letting the court rule on the issues in dispute, the parties have the opportunity to reach a voluntary agreement that resolves their concerns expressed in the divorce. The court will enforce the agreement as soon as it is signed in writing, sworn by both parties and duly notarized. Verbal agreements that divide matrimonial property can also be enforceable, but only if they meet certain strict requirements.
3. The applicant and the respondent have each been advised and advised by counsel of their choice with respect to their statutory rights under this Agreement. Husband and wife agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. As you go through the process of separating from your partner, you`ll have to make several difficult decisions, including deciding how to allocate your property. If you need help drafting or revising a real estate contract, or if you have other questions about the divorce process, it may be in your best interest to contact an experienced divorce lawyer in your area. When a couple divorces, they often go through the process of dividing assets (furniture, cars, loyalty miles) and debts (mortgages, credit cards, etc.). The following form is an example of what a property settlement agreement between outgoing spouses can look like. Since internal relations laws are specific to the state, you will find that legal separation (a court-approved agreement between a husband and wife that details the duties and rights of each party) some states allow legal separation from the court that issues temporary custody orders, of visits, assistance and even sharing of property. .