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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.
In Virginia, marital assets are marital regardless of how theyre titled. So it doesnt matter whether the house, the car, or the bank accounts is in his or your separate or sole name.
It is customary, but not legally required, that they be docHubd. 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.
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.
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.
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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.
In Virginia, any property earned or acquired individually before the marriage is called a separate property.
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.
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.
The increase in value of separate property during the marriage may be marital property to the extent that marital property or the personal efforts of either party contributed to such increases. Any such personal efforts must be substantial, and result in docHub appreciation.

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