Free Virginia Marital Separation Agreement

Sample Virginia Marital Separation

SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the “Agreement”) dated this _____________of _____________, 20___.

BETWEEN:

________________
______________, _____________,
in the State of Virginia, _____________

-and-

________________
______________, _____________,
in the State of Virginia, _____________


    BACKGROUND:

  1. ________________ and ________________ (collectively the ‘Parties’ and individually a ‘Party’) were lawfully married on ______________ _________, ____________________, in ______________, Virginia. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  2. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  3. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  4. The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  5. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

    LIVING SEPARATE AND APART

  1. The Parties have lived separate and apart since ________________________________. Neither Party will attend the other’s living space or work without invitation or approval.
  2. CHILDREN

  3. There is one child of the marriage, namely:

    Name:

    Date of Birth:

    ____________________

    _____________ _____________, ____________________

  4. CHILD CUSTODY

  5. The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child’s best interests. ________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
  6. The Parties agree that the child will primarily reside with ________________.
  7. The Parties also agree that ________________ will have the following visitation time with the child:
    1. Regular visitation schedule:
      ______________________________________________
    2. Vacation visitation schedule:
      ______________________________________________
  8. CHILD SUPPORT

  9. ________________ will pay child support in the amount of $_________ monthly to ________________. Child support payments will commence on ____________ and will be paid on the _____ day of each and every month.
  10. ________________ will pay a total of $_____________ monthly to ________________ for the child’s uninsured health care costs, child care costs, and other additional costs, such as __________________________. Child support payments for these expenses will commence on _______________________ and will be paid on the _____ day of each and every month.
  11. The Parties agree that each will provide the other copies of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
  12. ________________ will maintain health insurances, including medical and dental coverage, for the benefit of ____________________.
  13. Subject to the laws of Virginia, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents.
  14. SPOUSAL MAINTENANCE

  15. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.

  16. ASSETS

  17. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  18. DEBTS

  19. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  20. Neither Party will incur any further debt or liability on the other Party’s credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  21. GENERAL PROVISIONS

  22. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  23. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  24. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  25. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  26. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  27. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  28. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  29. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  30. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  31. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  32. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  33. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  34. The laws of the Commonwealth of Virginia will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____________of _____________, 20___.


SIGNED by ________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
________________

   

______________________________
WITNESS


SIGNED by ________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
________________

   

______________________________
WITNESS

ACKNOWLEDGMENT


THE COMMONWEALTH OF VIRGINIA


COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

_____________________________
Attorney

ACKNOWLEDGMENT

THE COMMONWEALTH OF VIRGINIA

COUNTY OF____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

_____________________________
Attorney

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE COMMONWEALTH OF VIRGINIA
COUNTY OF____________________

I, _______________________________, of the City of ___________________________, in the Commonwealth of Virginia, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the Commonwealth of Virginia this ___day of _________, 20___.

 

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

 

________________________
________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE COMMONWEALTH OF VIRGINIA
COUNTY OF____________________

I, _______________________________, of the City of _________________________, in the Commonwealth of Virginia, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the Commonwealth of Virginia this ___day of _________, 20___.

 

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

 

________________________
________________

Legal Separation, Separation Agreement, and Divorce in The State of Virginia

In between marriage and divorce is legal separation, but, this ‘middle ground’ doesn’t exist in the state of Virginia. Unlike most states, persons seeking legal separation aren’t permitted by the Virginia Laws to get a legal separation. The domestic relations laws in the state of Virginia lack this status, especially when neither party is at fault for ending the marriage.

However, you can take steps to protect yourself and your children, as well as your assets, as you separate from your spouse and file for a divorce.

Since domestic relations laws are state-specific, you will find that legal separation (a court-sanctioned agreement between a husband and a wife that details the obligations and the rights of every party) some states allow legal separation with the court issues temporary orders for custody, visitation, support and even property division. Nothing like this happens in the state of Virginia. Therefore, before you jump into it, talk to an attorney to know your options.

Separation Agreements

Couples who wish to separate as they begin working on their divorce have an option to negotiate a Virginia Marital Separation Agreement. By agreeing to use this document, both parties agree to live apart and lead separate lives. The agreement resolves issues such as debt division, property distribution, child support, custody, and visitation.

In the state of Virginia, this is as close a legal separation as it gets.

This is always the go-to option if you wish to save time and money. It is also less involving emotionally, on the children and couples.

Separation and divorce

No-Fault Divorce cases

  • In the state of Virginia, the family laws allow for no-fault divorces. The no-fault divorce us only effective in two cases:
    • Separation for one year
    • Separation for six months; but with temporary separation no minor kids present.

You should, however, note that Virginia doesn’t have procedures for legal separation in no-fault cases.

Determining if you have been separated for the duration allowed in no-fault divorce cases

Since the Virginia law doesn’t provide the legally separated status, the courts determine if the duration of the no-fault divorce has been met by looking at the date that one of the parties decided the marriage was over, and they communicated the fact to their spouse. Often, there is an email or a text. All the court needs is proof of communication.

But, if you feel that your partner will contest that communication later, you should have a written record that states your intention to end the marriage permanently. If you prove the date of the separation, then there is a factual determination, and the court will see that as evidence to corroborate the date of your separation.

Separation in case of a fault-based divorce

The Virginia law features several at fault grounds for separation. The most common faults are adultery, desertion, and cruelty. In case yours is a fault-based petition for divorce, the court allows the aggrieved party to file a “Divorce from bed and board” or a “divorce from the bond of matrimony.”

If the court assents the application for “divorce from bed and board,” then neither party can remarry or even engage in sexual relationships with other people. However, a “divorce from the bond of matrimony” is an absolute and a final divorce.

After the complainant files for either type of divorce, either party can file a motion for “pendent lite” relief. This means temporary relief pending the final resolution of the case. The forms of relief include child custody/ visitation/ support, spousal support, contributions to marital debts, exclusive use of the marital home, or injunctions to prevent dissipation of marital assets or harassment. The relief stays in place until a final trial is held.

Separation Maintenance

If there exist fault-divorce grounds, but neither party wants a divorce, the Virginia laws help resolve the issue. There is a statute which enables the court to order support and to rule on the custody and visitation issues. The statute is the separation Maintenance. Here the court has the same authority as it does in divorce cases when deciding all matters around the child and spousal support. However, this statute doesn’t order separation of property.

The only in between for couples who aren’t in happy marriages is the separation agreement. Noting that the whole divorce process is lengthy and it may get messy, you can make it easier by getting the marital separation agreement copy here.

Whether you live in Virginia Beach, Norfolk, Chesapeake, Arlington, Richmond, Newport News, Alexandria, Hampton or any other city of Virginia, you can use our legal forms easily.

Sample

VA Marital Separation Agreement

Personalize your Separation Agreement template.

Print or download in minutes.