Across the country, many states require separation agreements to proceed with the act of separating from a spouse; however, this is not the case for spouses seeking divorce in Manassas, Virginia. But just because the state doesn’t require a separation agreement doesn’t mean that it’s not helpful to have one drafted and agreed to by all parties.
In this guide, we’ll be going through the details of what a separation agreement is, what spouses need to consider when drafting a separation agreement, and when it’s appropriate to get a legal team involved.
If you have any questions about this content, you’re always welcome to give our team a call at (703) 691-5272. We’ll explore the details of your situation and give you our recommendation for your next steps.
Understanding a Separation Agreement
To reiterate, in Virginia, spouses are not required to seek a formalized separation agreement before proceeding with a separation. In Virginia, the act of separating is not recognized formally or granted by the courts or a judge.
Since there is no formal legal recognition of a separation in Virginia, the generally accepted definition of a separation agreement is when “two married people have agreed to live apart for an unspecified period of time, perhaps forever.”
A separation agreement seeks to do the following for a separated couple:
- Clearly state the intention of living apart with a formalized date of when this is occurring. In Virginia, you must have proof of intention to live apart to receive a divorce.
- Divide assets and debts.
- Create frameworks for child custody, child visitation, and child support (if applicable).
Why Should I Make a Separation Agreement If It Isn’t Required by Virginia Law?
A well-constructed and signed separation agreement will only help you if you’re seeking to file a divorce.
Oral agreements do not carry the same weight as signed, executed, and written separation agreements. To fully enforce a separation agreement, you’ll need one that’s proven to be agreed to by all parties and with terms you can point to. A clear definition of what a spouse is or isn’t agreeing to will only help in the event that you need a divorce.
A formal separation agreement will likely be the foundation of what a judge uses to decide which spouse gets what assets and debts. A mediated and negotiated separation agreement ensures everyone is happy with the results. Additionally, drafting a separation agreement before your court date is typically cheaper than letting two divorce attorneys argue your position in court.
Why Use A Lawyer to Draft a Formal Separation Agreement?
While a Manassas separation agreement attorney doesn’t have to draft your formal separation agreement because of Virginia law, it’s always wise to consult an attorney for a legally binding document. An attorney can ensure that the terms of the agreement are:
- Fair to you and your children
- Enforceable
- Protects your rights
The legal team at Collins Family Law can review your separation agreement and give you our notes or draft one for you from scratch. Our goal is to provide you with the legal support to help you enter your separation and eventual divorce with dignity.
Contact us at (703) 691-5272 to schedule a consultation with one of our experienced Manassas family law attorneys.