Marital Settlement Agreement Lawyer Virginia, VA
You and your spouse have decided to separate. You have discussed how to divide your property, whether one of you will pay spousal support, and what will happen with your children, and you have reached agreements on all of these issues. Now you want a written document that captures those agreements and becomes enforceable — without a lengthy, costly court battle. That written document is a marital settlement agreement. Under Virginia law, parties who resolve their divorce-related issues outside of court may submit a property settlement agreement to the court for approval. Law Offices Of SRIS, P.C. helps Virginians draft, negotiate, and finalize marital settlement agreements. Mr. Sris and his Of Counsel concentrate their practice on family law matters throughout Virginia. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What a Marital Settlement Agreement Means in Virginia
A marital settlement agreement, also called a property settlement agreement or separation agreement, is a contract between spouses that resolves the issues arising from their separation — property division, spousal support, child custody, visitation, and child support. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Virginia law specifically authorizes such agreements. Under Va. Code § 20-109, a court may affirm, ratify, and incorporate by reference in its divorce decree any valid agreement between the parties. The statute provides that the court may enforce the agreement as a contract, and its terms become binding once approved.
In Virginia, spouses can use a written agreement to establish a ground for a no-fault divorce after a six-month separation if there are no minor children, or after one year if there are children. The agreement must be signed by both parties and notarized. When the agreement is properly executed and submitted to the circuit court, the judge reviews it for fairness and compliance with Virginia public policy. If approved, the agreement becomes part of the final divorce decree, and its terms are enforceable through the court’s contempt power. Marital settlement agreements can address all property — real estate, retirement accounts, bank accounts, and debt — and can include provisions for spousal support, waiver of support, and even life insurance to secure support obligations. A well-drafted agreement brings finality and prevents future litigation.
How Mr. Sris and His Of Counsel Handle Marital Settlement Agreement Cases
Mr. Sris and his Of Counsel begin with a confidential consultation to understand your situation: what you and your spouse have agreed to, which issues remain open, and what you want the agreement to accomplish. We identify whether all assets and debts have been disclosed, whether any hidden income or property must be investigated, and whether the proposed terms are fair under Virginia’s equitable distribution factors. We then prepare a draft that clearly states each party’s rights and obligations, uses precise legal language, and complies with Virginia statutes and case law. If the other spouse is represented, we negotiate through counsel; if the other spouse is unrepresented, we proceed with care to ensure the agreement will hold up in court.
After both parties sign, we prepare the final agreement for submission to the circuit court along with the complaint for divorce. At the final hearing, we present the agreement to the judge and, when appropriate, ask the court to incorporate the agreement into the divorce decree. The process is designed to keep the couple out of contested litigation. If a dispute arises during negotiation — over a business valuation, a retirement account, or support — our team works to resolve it without a trial, using mediation or further negotiations. The goal is a durable agreement that protects your interests and allows both spouses to move forward.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated in family law for many years. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel are experienced attorneys who work with him on family law matters. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a marital settlement agreement in Virginia?
A marital settlement agreement is a written contract between spouses that resolves property division, spousal support, custody, and child support without a contested trial. Under Va. Code § 20-109, Virginia courts may incorporate the agreement into a divorce decree and enforce it as a contract. The agreement must be signed and notarized. Once approved, it becomes binding on both parties. The court will review the agreement for fairness and compliance with public policy before acceptance. A well-drafted agreement can resolve all issues in a divorce and provide a basis for a no-fault divorce after the statutory separation period.
Do I need a lawyer to draft a marital settlement agreement?
While you are not legally required to have a lawyer, legal representation helps ensure the agreement is fair, comprehensive, and enforceable under Virginia law. An attorney can identify hidden assets, evaluate support obligations, draft precise terms, and anticipate future disputes. If a judge finds the agreement unconscionable or procedurally flawed, the court may reject it. Mr. Sris and his Of Counsel concentrate on family law and can guide you through the process. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a marital settlement agreement be changed after it is signed?
A marital settlement agreement can be modified only under limited circumstances, such as mutual written consent of both parties, fraud, duress, or a material change in circumstances affecting children. Property division terms are generally final. Support and custody provisions may be modifiable if the agreement or the divorce decree allows it and if Virginia law permits modification based on changed circumstances. A lawyer can review your agreement to determine whether a change is possible and how to proceed.
What happens if my spouse violates the marital settlement agreement?
If a spouse breaches the agreement, you may seek enforcement through the Virginia circuit court that issued the divorce decree. The court can hold the violating spouse in contempt, order compliance, award attorney fees, and, in some cases, impose sanctions. Because the agreement is treated as a contract and as part of a court order, enforcement remedies are robust. Prompt legal action preserves your rights.
How is a marital settlement agreement different from a prenuptial agreement?
A marital settlement agreement is made when spouses are separating or divorcing, while a prenuptial agreement is made before marriage. Both are governed by Virginia contract law and must be entered into voluntarily with full disclosure. A marital settlement agreement resolves the issues arising from the marriage’s dissolution. A prenuptial agreement establishes property rights in advance and may limit alimony. Each serves a different purpose, and both benefit from careful legal drafting.
Virginia law references: Virginia Code Title 20 (Domestic Relations) · Virginia Judicial System
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