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A Virginia marital settlement agreement is used by spouses entering the divorce process to communicate to the court how theyd like to divide property, assets, debt, child custody, child support payments, alimony, and all other shared responsibilities.
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.
A couple can even live apart when they do not sign a separation agreement, as the Virginia courts do not grant legal separations. There are certain elements couples need to meet before they can go from separation to divorce, however.
It can be made into a rule of court by application to the court. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation.
Separation agreements have to be signed to be enforceable. It is customary, but not legally required, that they be docHubd.
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Anyone can draft their own separation agreement and as long as it includes certain information, is signed by both spouses and witnessed it is legally binding.
Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.
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.
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.
Legal separation is not a specific legal status that you have to go down to the court and file for. You do not need a lawyer to separate.

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