A marital settlement agreement in Virginia is known as a Property Settlement Agreement. The document can be created by spouses who can settle all possible divorce-related issues without the court’s intervention and are going to apply for an uncontested divorce.
In this article, we aim to explain what a Virginia settlement agreement is, what legal requirements and regulations govern it, how to write it, and where you can get one.
What Is a Property Settlement Agreement?
A Property Settlement Agreement is a written contract between spouses used to settle all their divorce-related matters. To be enforceable, it must be entered voluntarily, signed, sworn to, and notarized by both parties.
If a couple aims to terminate their marriage amicably without arguments and disputes, they can file for an uncontested divorce. In such cases, Virginia courts encourage them to enter a Property Settlement Agreement to make the process quicker and simpler for everyone involved. Spouses can peacefully discuss matters concerning child custody and support, alimony, property division, post-divorce communication, and any other related issues, agree on them, and outline their decisions in such a document.
A divorce settlement agreement in Virginia becomes binding once both parties sign it. Yet, the court must review the document before incorporating the outlined terms into the divorce judgment. If the judge makes sure that the spouses’ decisions do not violate the current state legislature or any other ethical or legal regulations and no modifications are required, they will enforce the final orders based on this agreement.
How to Write a Property Settlement Agreement in Virginia?
A couple can write a Property Settlement Agreement independently or seek professional help. Since there is no specific form to fill out, spouses can do it arbitrarily. Yet, they must use appropriate language, include all the necessary provisions, and follow the legal requirements of an official document.
If you worry that you may not be able to create an acceptable agreement on your own, you may turn to a family lawyer who will do it for you, following the legal standards. However, considering today’s attorneys’ fees, you must be ready for pretty high expenses.
To save money, you may turn to a qualified online paperwork preparation service. Our company, for example, may help with a Property Settlement Agreement as a part of your uncontested divorce package for a very moderate price.
Virginia Property Settlement Agreement (PDF)
Here is one of the possible samples of a Virginia Property Settlement Agreement in PDF format that you can use to draft your own document.
What Happens After a Marital Settlement Agreement Is Signed?
Generally, once both spouses sign a marital settlement agreement, it becomes legally binding on them. Yet, to become part of the final divorce order, the document must be reviewed and approved by the judge.
After you and your spouse have signed your Property Settlement Agreement, you must file it with the court together with other completed forms, including the Complaint and Final Decree. The judge will review the document to make sure that your marital agreements as per divorce are fair and legally appropriate. In case they detect a trace of fraud or coercion in entering into an agreement or find that some terms do not meet the child’s best interests or go against Virginia laws, they may change certain provisions or even reject the agreement. If the court approves the document, it will become a part of your Final Decree, and the terms will be enforced after the judge signs it.
Can a Marital Settlement Agreement Be Changed?
As has already been mentioned, the judge can amend any provisions in the initial marital settlement agreement if they suspect any sign of fraud, coercion, or other inconsistencies. Besides, a couple or either party can ask for modifications due to a substantial change in circumstances after the final order has been enforced by filing a motion with the court. If the proof of changed circumstances is reasonable, the judge can amend the corresponding divorce property settlements or custody arrangements as per the request. Mind that your Property Settlement Agreement must contain a special provision that allows future modifications to make it possible.
Veronica Wuest is a full-time writer and a paralegal who specializes in subjects related to divorce. In her articles, Veronica explores the intricacies of married life, love, and relationships. In addition, she gives practical recommendations and offers guidance for couples who’ve been through the ups and downs of relationships or decided to end them. In her free time, Veronica enjoys yoga and pilates. She is also an avid cook and enjoys trying out new recipes.