In Virginia, post-marital agreements are an important part of the divorce process. While it is true that not every divorce will require such an agreement, when considering initiating divorce, it still bears some deep thought. The entire process of divorce can be complex, confusing, and draining. There are two types of common post-marital agreements. They are the Marital Settlement Agreement and the Property Settlement Agreement. Please read on to learn more about how post-marital agreements work in Virginia.
Consider a Post-Marital Agreement Even Before Marriage
Premarital agreements and post-marital agreements are both options even before the marriage begins. However, poor or reckless conduct during a marriage could lead to a post-marital agreement being drawn up. Even in healthy, happy marriages, a post-marital agreement is possible. Certain distinctions are determined by a post-marital agreement. For instance, consider these factors:
- Division of property
- Alimony payments
- Responsible for common debts
- Division of assets in case death parts the couple
They are all elements that a post-marital agreement has in common with its premarital counterpart.
Steps to Undertake Before Signing Such an Agreement
If a post-marital agreement is initiated by your spouse, you should always examine it for yourself. When you examine the agreement, be sure to call on your own attorney for advice, and examine it together. Also remember to read it carefully, and do not ignore or overlook anything included in it. If you have any questions, regardless if you proposed the agreement or not, consult your legal representative. Before any signature, the agreement can be renegotiated. But once it has been signed, it becomes more difficult to revise.
The Courts Will Uphold Post-Marital Agreements
Generally speaking, courts both inside and outside of Virginia will uphold any valid post-marital agreements. But like other contracts, if it is determined to be legally invalid, it does not have to be recognized. Post-marital agreements cannot pertain to the following issues:
- Child custody
- Beginning divorce proceedings
- Requirement of illicit behavior by one spouse
And if it is created under threats, real or perceived, or violence, it will be considered invalid as well.
Get Representation from The Carlberg Law Firm Today
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