Virginia Marital Settlement Agreement
A Virginia marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
Virginia sorts a divorcing couple's property into three classes, marital, separate, or hybrid, before dividing it, and a marital settlement agreement is the written contract spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. Virginia is an equitable-distribution state: on divorce the court classifies property as marital, separate, or hybrid, then divides the jointly owned marital property and may grant a monetary award after weighing the factors in Va. Code 20-107.3, aiming for a fair result that is not necessarily an equal 50/50 split. Married persons may instead settle those rights themselves by written agreement, which becomes effective immediately upon execution (Va. Code 20-155). Virginia has no statewide formula for spousal support; a court sets the nature, amount, and duration by weighing the factors in Va. Code 20-107.1. Custody and child support follow the presumptive statewide child support guideline (Va. Code 20-108.2), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once the court affirms, ratifies, and incorporates the agreement into the decree, it is a term of the decree enforceable like any court order (Va. Code 20-109.1). A no-fault divorce requires living separate and apart for one year, reduced to six months with a separation agreement and no minor children (Va. Code 20-91). DocDraft builds your Virginia marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Virginia a written marital settlement agreement becomes effective immediately upon execution (Va. Code 20-155), and it is the contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
- 2
Virginia is an equitable-distribution state: on divorce the court classifies property as marital, separate, or hybrid, then divides the jointly owned marital property and may grant a monetary award after weighing the factors in Va. Code 20-107.3. The goal is a fair division, not an automatic 50/50 split.
- 3
Married persons may settle their property and support rights themselves by a written marital settlement agreement, which becomes effective immediately upon execution (Va. Code 20-155). This lets spouses set the division themselves instead of leaving it to the court.
- 4
Virginia has no statewide formula for spousal support. A court sets the nature, amount, and duration by weighing the factors listed in Va. Code 20-107.1. Some circuit courts apply a local temporary support guideline while the case is pending, but that is a local practice, not a statewide statute.
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Child support follows Virginia's presumptive statewide guideline (Va. Code 20-108.2). Parents may agree to terms, but custody and child support stay subject to court approval and modification in the best interests of the child and cannot be bargained away; a below-guideline amount requires written findings by the court.
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Once the court affirms, ratifies, and incorporates the agreement into the divorce decree, it is deemed a term of the decree and is enforceable in the same manner as any provision of the decree (Va. Code 20-109.1).
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A no-fault Virginia divorce requires the spouses to have lived separate and apart without cohabitation and without interruption for one year, reduced to six months where they have a separation agreement and no minor children (Va. Code 20-91).
Key decisions before you file
Before you file a Marital Settlement Agreement in Virginia, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Virginia Requirements for Marital Settlement Agreement
Equitable Distribution of Marital Property
Virginia is an equitable-distribution state. On divorce the court classifies property as marital, separate, or hybrid, then divides the jointly owned marital property and may grant a monetary award after weighing the factors in Va. Code 20-107.3. The goal is a fair division, not an automatic 50/50 split.
Settle by Written Agreement
Married persons may settle their property and support rights themselves by a written marital settlement agreement, which becomes effective immediately upon execution (Va. Code 20-155). This lets the spouses set the division themselves rather than leaving it to the court.
No Statewide Spousal Support Formula
Virginia has no statewide formula for spousal support. A court sets the nature, amount, and duration by weighing the factors in Va. Code 20-107.1. Some circuit courts apply a local guideline for temporary support while the case is pending, but that is a local practice, not a statewide statute.
Child Support Follows the Guideline
Child support follows the presumptive statewide guideline in Va. Code 20-108.2, with a rebuttable presumption that the guideline amount is correct. Parents may agree to terms, but a below-guideline amount requires the court to make written findings. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Virginia marital settlement agreement remain subject to court approval and can be modified later in the best interests of the child. These terms are never fixed the way a property division can be.
In Writing and Signed
A Virginia marital settlement agreement must be in writing and signed by both parties to be enforceable, and it becomes effective immediately upon execution (Va. Code 20-155). No statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Separation Period for a No-Fault Divorce
A no-fault Virginia divorce requires the spouses to have lived separate and apart without cohabitation and without interruption for one year, reduced to six months where they have a separation agreement and no minor children (Va. Code 20-91).
Incorporation Into the Decree
A Virginia court may affirm, ratify, and incorporate the agreement into the divorce decree. Once it does, the agreement is deemed a term of the decree and is enforceable in the same manner as any provision of the decree (Va. Code 20-109.1).