Virginia law states that most property and debt acquired after separation must be considered separate (non-marriage) property. Judges cannot transfer separate property to the other spouse. It is therefore generally preferable for the parties to clarify what they have at the time of separation with respect to their assets and debts. To avoid often confusing and sometimes very distressing situations later on, parties are well advised as soon as they have decided to divorce to make an accounting of their assets and debts, with values and balances. Parties should also be aware that courts are prohibited from sharing and distributing separate assets. Parties are free to do what they want. 2. The petitioner and the respondent have disclosed themselves in a comprehensive, fair and specific manner on all financial matters relating to this agreement. When a couple divorces, they often go through the process of sharing assets (furniture, cars, frequent flyer miles) and debts (mortgages, credit cards, etc.). The form below is a sample of what a real estate transaction contract between outgoing spouses can be. 3.
The petitioner and the respondent were advised and advised by the lawyers of their choice with respect to their legal rights relating to this agreement. With the help of Shakespeare`s Romeo and Juliet, I have already indicated that a document should not necessarily be defined solely by name and, in particular, that a PSA can be legally more than a simple agreement to regulate property rights between spouses considering divorce. For example, in my previous example, a PSA moonlight legally enforceable as a real estate budget under the right circumstances. Like a multi-faceted Swiss pocket knife, the same PSA could continue to serve as a written “connection” if there is no separate, self-titled “assignment document.” At least that`s one of the possible outcomes I`m trying to convince the Virginia Supreme Court to accept Wood v. Martin, Record No. 190738! So when is a real estate transaction contract not a real estate comparison contract? If it is a legally enforceable written assignment, of course. Why not save a lot of time, money and aggravation? If you`re considering a divorce or getting a divorce, you might as well start with a transaction mentality and focus on finding solutions to your divorce disputes that will allow you both to live together before engaging in costly and time-consuming litigation. That is, mediation. The Virginia code specifically refers to PSAs placed under Va. Code 8.01-581.26. This is why an experienced and well-trained mediator will always ensure that both parties make informed and well-thought-out settlement decisions before signing their PSA. Our unique approach to negotiating real estate agreements is based on creating a respectful environment that will allow you and your spouse to reach an agreement that is fair and that corresponds to their lives.
We are pleased with the growing recognition we have received from our success in this area. Since 2015, Smith Strong, PLC has received four times as many positive reviews as any other family firm in Central Virginia on a neutral, independent third-party site. In addition, founder Van Smith was recently awarded as Super Lawyers Rising Star for 2014.