Separation and Property Settlement Agreements
Separation agreements, also commonly called property settlement agreements or marital settlement agreements, are contracts designed to resolve divorce-related issues without litigation. These agreements can make divorce less complicated, and make it clear to the court that you and your spouse are seeking an uncontested divorce.
At Maddox & Gerock, P.C. , we draft separation agreements that help our clients avoid long, drawn-out litigation. Even if you have already filed for divorce , you can still create a separation agreement. If your spouse has hired an attorney to draft a property settlement agreement, we can review it to make sure it treats you fairly.
Our attorneys often recommend separation agreements for one overarching reason: They allow the parties to take control of their own divorce. By negotiating between themselves through their lawyers, the divorcing couple can usually come to an agreement that is more satisfying to them, more tailored and more creative than anything a judge would impose. By leaving as little to the judge as possible, much of the uncertainty and stress caused by litigation can be removed.
A separation agreement/property settlement agreement allows a couple to resolve every divorce-related issue. We regularly help our clients create agreements addressing issues of:
- Child custody and visitation
- Child support
- Spousal support
- Property division
We believe strongly in providing personalized, individually tailored services to every client. When you ask us to create a separation agreement, we will draft a fully customized document that addresses your specific needs. We do not use standardized forms, because there is no such thing as a standard divorce.
Pre- and Post-Marital Agreements
In Virginia, premarital and postmarital agreements are increasingly popular ways of setting the terms of a marriage and can be used to determine the division of premarital assets, premarital debts, and whether spousal support will be paid in the event of a divorce.
Often, people needing a premarital agreement will try to use shortcuts such as buying a lengthy pre-made agreement and signing it. Not until a divorce do they realize the dangers of signing a generic agreement. Such agreements contain many provisions that can jeopardize your chances of getting a fair divorce settlement.
At Maddox & Gerock, P.C., our attorneys closely follow all Virginia laws that apply to marital and premarital agreements. Under the provisions of the Uniform Premarital Agreement Act, premarital agreements are treated the same as marital agreements, and all are fully enforceable. Thus, understanding your rights and Virginia law prior to entering into any agreement, whether before or during a marriage, is essential.
Contact Us About Prenuptial Agreements
To schedule a consultation, please call our Falls Church/Fairfax County office at 703-883-8035 or send us an email .