Marital Domestic Separation and Property Settlement Agreement Adult Children Parties May have Joint Property or Debts where Divorce Action Filed - Virginia 2025

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A separation agreement can be revoked by another written agreement, or by the parties living together again as a married couple. Living together does not automatically revoke the separation agreement. Rather, it is only evidence of an intention to revoke the agreement.
Except for child custody and child support, separation agreements are binding, forever, for both parties. Virginia law allows judges to modify or review child custody and child support decisions at any time when it would serve the childs best interests.
What voids a separation agreement in VA? If you resume a marital relationshipeven brieflythat can give a court grounds to void your separation agreement. However, you can have your attorney specify in the agreement that it will remain in effect even if there is a reconciliation.
Debts acquired during the marriage are presumptively marital, but each spouse is legally responsible to pay for the debts titled solely in their name. For debts titled in both parties names, each party is jointly responsible for payment of the debt.
Division of property does not necessarily mean a physical division. Rather, the court awards each spouse a percentage of the total value of the property. (It is illegal for either spouse to hide assets in order to shield them from property division.) Each spouse gets items whose worth adds up to his or her percentage.

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A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
Fraud, coercion, or mistake could void the terms of a separation agreement.
But there are a few key things youll want to avoid doing during your separation that your Virginia divorce lawyer wants you to be aware of. Dont Date Without Considering the Consequences. Dont Indulge in Retail Therapy. Dont Vent on Social Media. Dont Give up on Co-parenting. Consult With Your Virginia Divorce Lawyer.

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