![Download Virginia Marital Separation Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
A Virginia marital separation agreement form is a legal document that lets married couples decide on many issues related to separation without going to court. The courts in Virginia do not recognize legal separation, so separation agreements cannot be filed in court.
Married couples can create a separation agreement to divide assets or debts, notarize it, and it will be enforced as a regular contract.
Is a Separation Agreement Legal in Virginia?
Yes, a separation agreement is legal in Virginia. Spouses can draft a separation agreement and notarize it to make it legally binding like any other contract.
Laws and Legal Requirements for a Marital Separation Agreement in Virginia
The laws and legal requirements for a marital separation agreement in Virginia are formed to provide guidance and ensure that legal rights and obligations are respected. Legal separation cannot be accepted as a way to change marital status in Virginia.
A separation agreement can be used as a private contract between spouses to address matters of separation, or spouses can petition for ”divorce from bed and board.”
Section 20-116 of the Code of Virginia states that when a court grants divorce from bed and board, it is similar to divorce, but spouses are still married and cannot remarry.
Signing Requirements for a Marital Separation Agreement in Virginia
The signing requirements for a marital separation agreement in Virginia are the same as for any other contract. Spouses should come to an agreement that resolves all issues in the separation process. They both must sign the document and do so willingly.
The document should be notarized so it can be legally enforced.
What Does a Marital Separation Agreement in Virginia Cover?
A marital separation agreement in Virginia covers a wide range of subjects that are important to a married couple going through a separation.
Some of the subjects that should be considered for the separation agreement template are:
Marital Separation Agreement Coverage
Marital property and assets. Spouses should decide how to share and divide real estate, personal belongings, or vehicles.
Living arrangements. Decisions need to be made on where spouses are going to live during separation.
Child support. A certain amount of financial support should be specified to be paid by one spouse if needed.
Child custody. Spouses should decide who will be the children’s guardian and plan the visitation schedule.
Spousal support. Financial support should be considered if one spouse needs to stay financially independent from the other.