What is an agreement for a mutual divorce?

An agreement for a mutual divorce in Virginia is an agreement between two spouses to agree to a divorce either without filing a complaint or otherwise going to court. A mutual divorce agreement is drafted in order to avoid an extended and possibly costly court trial and to provide both parties with an amicable resolution of the marriage. The agreement can include a wide range of topics such as assets, debts, custody, visitation, alimony, child support, health insurance and other matters regarding the marriage. In Virginia, a Mutual Divorce Agreement is a legally binding contract that requires signatures from both parties, attested by witnesses and/or notarized by a notary public. Each party must receive a fully executed copy of the agreement before it is considered valid. Additionally, the agreement must be filed with the court in order to be recognized as a validly executed contract. In a mutual divorce, both parties must agree to the terms of the agreement. This means that both spouses must be willing to agree on matters such as asset division and alimony. If either party is unable to reach an agreement, then they can enter mediation or contest the divorce in court. Both parties have the right to have their respective legal counsel review the agreement prior to its execution. Once the Mutual Divorce Agreement is submitted to the court, the court will make a determination as to whether or not it is legally sufficient and then enter a Decree of Divorce. This document essentially dissolves the marriage and will be the final binding agreement between the spouses.

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