Understanding Virginia Separation Agreements

Imagine a family’s decision to memorialize their loved one with a gravestone that beautifully represents who they were as a person, even years after their passing. That’s how many stonemasonry companies, like SPB Stoneworks, have created a variety of options to make the memorial as unique as the person it honors. A comprehensive Virginia separation agreement may not be a physical permanent stone memorial in a cemetery for family and friends to visit later down the road, but it is a tool that will mark the lives of two people forever, even if they are no longer together. To be more specific, a separation agreement is a legally binding contract made between two spouses when they decide to separate but not divorce. The purpose of such an agreement is to spell out the terms of the separation, including the future of the couple’s marital assets, debts and custody arrangements should children be involved. The agreement is an important legal tool in that it helps the couple divide up their assets ahead of divorce. Still, it is not a document that can be taken lightly, which is why the counsel of an attorney is usually sought.

Commonly Found Terms

So what might persons who separate want to put into a separation agreement? Many common components include:

Crafting the Agreement

Think of the steps in crafting a separation agreement as similar to the work of a stonemason creating a gravestone memorial. The process requires some doing, and this doing involves a lot of discussions between the parties, their attorneys, their children and other interested parties. For example, parties can begin to figure out what they want by considering where they’d like their lives to go during the separation. The couple can discuss the goals of the separation, why they wish to separate, whether they wish to pursue counseling, how they plan to allocate time with their children, where they currently want to live, how they will continue to communicate and what their respective income levels are. These are important questions that require the couples to carefully consider their input in the agreement to ensure it works for both of them.

Paying Heed to Personalization

We spoke of personalization, but it’s key to understand the many ways that the agreement process can be personalized to the benefit of one or both spouses. The terms will depend on the couple’s personal situations, and they can address everything from finances to health insurance to date of separation. What must be kept in mind during this process is that recommendations may be made by attorneys during the process that encourage the parties to divide property or allow a spouse to keep certain assets.

Challenges to Separation

Parties going through a separation also need to plan for challenges that may arise during or after the separation itself. What if one spouse requests to have the children during visitation time with the other parent, or what happens if one spouse empties a bank account before the divorce is finalized? These are just a few examples, and the factors that can affect the process are vast indeed. That’s why it’s so important to have an attorney who can give accurate and honest advice about your circumstances.

Moving Forward with a Strong Foundation

A properly executed Virginia separation agreement can provide the basis for a divorce that can stand the test of time. It creates rules that both spouses must adhere to as they move forward with their new lives, and it can work to strengthen the relationship you build with your ex-spouse after the divorce is final. The Family Law Practice of Gilbert Adams & Associates is here to be your trusted source of information and counsel about how Virginia separation agreements can empower you as you begin your new chapter.