Free Virginia Marital Separation Agreement
SEPARATION AGREEMENT THIS SEPARATION AGREEMENT (the "Agreement") dated this _____________of _____________, 20___.
BACKGROUND:
- ________________ 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.
- The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
- 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.
- 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.
- 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
- The Parties have lived separate and apart since ________________________________. Neither Party will attend the other's living space or work without invitation or approval.
CHILDREN
- There is one child of the marriage, namely:
| Name: | Date of Birth: |
| ____________________ | _____________ _____________, ____________________ |
- Regular visitation schedule:
______________________________________________
- Vacation visitation schedule:
______________________________________________
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____________of _____________, 20___.
SIGNED by ________________
In the presence of:
SIGNED by ________________
In the presence of:
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___.
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___.
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.
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 Marital Separation Agreement
