The harsh reality of Virginia`s law is that after the signing of a separation agreement by both parties, it is extremely difficult, if not impossible, to set aside. A final problem with signing a do-it-yourself separation agreement is that it cannot exist without review by an experienced family lawyer in court. You can now get along well with your future ex, but relationships often deteriorate and arguments often arise after separation. There may come a day when you will have to enforce in court the provisions of your agreement regarding conservation, visit, assistance, property or debt. However, if these provisions have not been formulated correctly, you may be forced to argue a lot of time and money with these issues in court. In fact, you may end up spending a lot more on legal fees later to solve the problems caused by a faulty separation agreement “that it would have cost you, simply having devised a good deal from the beginning. Couples who wish to separate when they begin divorce have the opportunity to negotiate a separation agreement from Virginia Marital. By agreeing to use this document, both parties agree to live separately and lead separate lives. The agreement resolves issues such as debt sharing, property distribution, child care, custody and visitation. You should NOT use the separation agreement if you do not know where your spouse is or if your spouse refuses to consent. Instead, the best way to use a separation agreement is where both spouses have had a mutual understanding of how they wish to manage the “business” of separation. Both spouses must sign the agreement.
In the absence of a separation agreement, one spouse may continue to be responsible for another spouse`s spending habits on their common credit card. Similarly, marital and common property can be mismanaged or depleted if the couple does not originally think about how everything should be distributed equitably among them. Many people are looking for a lawyer in similar situations. They signed something in the hope of gaining trust with their spouse, with a view to possible reconciliation. But what these people have generally recognized far too late is that if reconciliation evaporates and the parties separate permanently, they are almost always respected by Virginia law under the agreement they signed.