Winchester Separation Agreement Lawyers

Experienced Attorneys Crafting Legally Binding Separation Agreements

Sometimes a married couple may choose to part ways without going through a divorce or litigation. Parties who choose this legal avenue must create a separation agreement to address certain aspects of their split. Buchbauer & McGuire, P.C. can help you and your spouse create an agreement that works for you.

Contact our Winchester separation agreement attorneys at (540) 508-8995 today. We also serve residents of the Shenandoah Valley and the surrounding areas.

Understanding Separation Agreements: What You Need to Know

A “Separation Agreement” or “Property Settlement Agreement” is a written document that embodies the agreements reached by parties who are in the process of divorcing.

The majority of divorces involve the execution of a Separation Agreement, whether the agreement is drafted and executed soon after a client’s first meeting with an attorney or whether it is executed the day of a scheduled final trial.

In a separation or property settlement agreement, parties may contract with respect to:

• The rights and obligations of each party regarding any asset or debt
• Custody and visitation of any minor children
• Spousal and child support
• Any other matter, including the spouses' personal rights, obligations and liabilities, not in violation of public policy

Duration of Separation Agreements in Virginia: Key Insights

Separation Agreements last as long as both parties do not live together. Virginia law interprets these written agreements very strictly. Couples should not sign any document determining their respective rights without having it legally reviewed.

Once signed by both spouses, the agreement is presented to the court granting the divorce. The terms of the agreement are incorporated (but not merged) into a court order. Certain aspects of the agreement may be subject to future modification by a court, while a court cannot change other provisions.