How a Marital Separation Agreement Could Make All the Difference in Your Divorce

Posted on May 11, 2010 by Hofheimer Family Law

If you are entering into a divorce and are concerned about the fair division of your property, you may wish to consider a marital separation agreement. Under the right circumstances, a marital separation agreement can make the entire divorce process run much more smoothly.

What is a Marital Separation Agreement?

A marital separation agreement is basically a written contract stating who will get what when your divorce is made final
. This contract is also known as a property settlement agreement. A marital separation agreement can incorporate many tricky aspects of the divorce. These aspects include:

  • Child custody
  • Support
  • Physical property
  • Debts
  • Pensions

The only thing a marital separation cannot settle in and of itself is proving to the court that there are actual grounds for divorce.

Before You Sign Your Marital Separation Agreement

A marital separation agreement is a legally binding contract
. At the time of divorce, the agreement may be “affirmed, ratified, and incorporated but not merged.” Basically, this means that the agreement is certified by the court to stand as a contract and may be enforced later as such.

Before signing yourself into any such contract it is of vital importance that you have your separation agreement looked over by a Virginia divorce attorney.

Our Virginia divorce attorneys care about your rights, the welfare and happiness of your children, and your financial security. Let us use our unique experience and legal expertise to help you focus on your goals for the future and your family. To learn more about Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.