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?Signing an agreement to get your spouse to leave the house, or just so your spouse will let you leave can be very dangerous. It is extremely difficult for an attorney to have any agreement that has been signed by both parties later set aside.
What If You Don't Like the Agreement You Signed?A court will not set aside 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. Also, issues related to custody, visitation, and child support are always subject to modification by a court, if the best interests of the child or the statutory guidelines mandate modifications. In addition, there are some occasions when the provisions of an agreement concerning spousal support can be modified. If you need help supporting the validity of an Agreement or trying to have it 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
- Spousal support
- Medical insurance
- Child support
- Child custody
- Tax issues
- Future modification
- Dispute resolution
Contact UsWe encourage you to call us at (434) 972-9600 or contact us today to discuss your specific situation and needs.
Davidson and Kitzmann, PLC
211 E. High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
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.