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Separation Agreements - Property Settlement Agreements


Virginia property settlement agreements, also know as separation agreements, are contracts that clearly spell out the rights and responsibilities of each party during the separation and after the divorce.

Do You Need a Property Settlement Agreement?

In Virginia, you do not need to have a signed agreement to be legally separated. You are separated by virtue of living separate and apart from your spouse without any cohabitation. However, you should always seek the advice of an attorney before you separate from your spouse, to make sure you are protecting your interests. For example, if you leave the marital home without first entering into a separation agreement, you could be charged with desertion by your spouse.

How an Experienced Virginia Divorce Attorney Can Help with a Property Settlement Agreement?

Our knowledge of the many laws and hundreds of court decisions that relate to property settlement agreements allow us to craft legally-binding agreements that best protect your interests. Because of the complexity of the law, agreements prepared by inexperienced attorneys may waive rights, not be legally binding, or cause problems in the future. Because each client's situation is different, we carefully draft every agreement to meet the client's individual needs. It takes legal knowledge and experience to identify all necessary issues that should be covered in an agreement, and to craft specific language to best protect you.

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.

Should You Sign an Agreement Without an Attorney?

Legal agreements can be very complex. Using incorrect or imprecise language can invalidate the agreement or lead to unforeseen and unwanted results. Using an attorney to negotiate and draft your agreement can ensure that you do not lose important rights.

What If You Don't Like the Agreement You Signed?

Terms of an agreement relating to child custody, child visitation or child support are subject to change by a judge. Terms relating to property, debt or spousal support, however, are binding and cannot be changed by a judge. The only way to change these terms is to find a way to invalidate the entire agreement. A court will not invalidate an agreement just because one party decides they made a bad deal or is not happy with the agreement. There are grounds for setting aside an agreement, such as when fraud is involved. If you need help supporting the validity of a separation agreement or trying to have a separation agreemnt set aside or modified, one of our attorneys can tell you what your options are.

What Can a Property Settlement Agreement 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
  • Spousal support
  • Medical insurance for a spouse or children
  • Life insurance for the benefit of children or a spouse
  • Child support
  • Child custody
  • Visitation
  • Which parent will be entitled to exemptions for the children
  • Future modification of support
  • How future disputes will be resolved

Contact Us

We encourage you to call us at (434) 972-9600 or contact us today to discuss your specific situation and needs.
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divorce lawyercharlottesville lawyerCharlottesville Law Firm
Davidson and Kitzmann, PLC
211 E High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011

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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, Richmond, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.

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