What is a marital settlement agreement?

A marital settlement agreement is a document that two spouses in a divorce case sign in Virginia to settle all of their outstanding issues. This document outlines the terms and conditions of the divorce, such as division of assets and debts, child support, alimony, and child custody. Marital settlement agreements provide a way for couples to come to an agreement without having to go to court. This document must be signed by both parties and is legally binding. The document also includes an enforceable clause, which means that violation of the agreement can lead to consequences determined by the court. Marital settlement agreements can help minimize the conflict, stress, and expense of a divorce case. When a couple decides to settle rather than go to court, they can typically reach an agreement more quickly than if they had to go through a lengthy court process. They also have the ability to negotiate terms that work better for their unique situation and enter into a legally binding agreement that is truly reflective of the wishes of both spouses. In Virginia, marital settlement agreements are commonly part of every divorce case, and courts will generally accept them as long as they are fair and consistent with the law. Spouses in Virginia can also choose to draft a marital settlement agreement on their own or have their attorneys draft it for them.

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