Roanoke, VA asked in Divorce and Family Law for Virginia

Q: In Virginia what happens when a person waives his rights to equitable distribution on a marital separation agreement?

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of separation and divorce. This renders equitable distribution unnecessary because the parties have already agreed to the division of marital property and allocation of marital debt. The agreement typical supercedes any prior agreements between the spouses and becomes the final expression on their rights arising from the marriage.

Anyone facing separation and divorce in Virginia should consult with an experienced Virginia divorce lawyer.

Shalonda Michelle Tillman
Shalonda Michelle Tillman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Norfolk, VA
  • Licensed in Virginia

A: you essentially are signing and waiving your right for the court to determine the equitable distribution of the marriage. The legal separation is considered a enforceable contract and general contract principles apply. You should speak to a experienced divorce lawyer.

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