Marital Settlement Agreement Lawyer Virginia, VA
A marital settlement agreement — often called a property settlement agreement or separation agreement — resolves financial and property issues between spouses in Virginia. Whether you are negotiating the terms of a divorce, dividing marital assets, or defining spousal support obligations, a carefully drafted agreement can bring clarity and reduce conflict. Virginia courts enforce these agreements under Va. Code § 20-109, provided they are entered into voluntarily and are not unconscionable at the time they were made. Mr. Sris, a former prosecutor, founded Law Offices Of SRIS, P.C. in 1997. Mr. Sris and his Of Counsel work with individuals across Virginia to prepare, review, and enforce marital settlement agreements that address the specifics of each family’s situation. To request a consultation, call (888) 437-7747.
What Marital Settlement Agreements Mean in Virginia
In Virginia, a marital settlement agreement is a written contract between spouses that resolves all issues arising from the marriage: property division, debt allocation, spousal support, and, if applicable, child custody and support. Because Virginia is an equitable distribution state rather than a community-property state, the court considers fairness factors under when dividing marital property, but the spouses may reach their own agreement and avoid leaving those decisions to a judge. A valid marital settlement agreement allows the parties to shape the outcome themselves, rather than having a court impose one.
Once signed and incorporated into a final decree of divorce, the agreement becomes a binding court order. If a party later fails to comply, the other spouse may seek enforcement through the circuit court. The agreement can also serve as a basis for a no‑fault divorce under Va. Code § 20-91(9)(b) when the parties have lived separate and apart for at least six months, provided there are no minor children or the issues concerning them have been resolved. Mr. Sris and his Of Counsel represent clients throughout Virginia in the negotiation, drafting, and enforcement of marital settlement agreements, drawing on extensive experience in Virginia family law.
How Mr. Sris and His Of Counsel Handle Marital Settlement Agreement Cases
Every marital settlement agreement reflects the unique circumstances of the marriage. Mr. Sris and his Of Counsel begin by understanding the full financial picture — assets, debts, retirement accounts, real property, business interests, and potential spousal support claims. They then work to identify terms that are fair, legally sound, and likely to be approved by the court. Because the firm’s attorneys are experienced in Virginia equitable distribution litigation, they can anticipate how a court would rule on disputed items, which strengthens their clients’ bargaining position.
The process may involve direct negotiation between the parties, mediation, or formal discovery if there are contested issues. Once an agreement is reached, the firm drafts the document in compliance with Virginia law, ensuring it addresses all required elements and can withstand future challenge. If a client already has an agreement needing review, Mr. Sris and his Of Counsel can assess its enforceability and advise on whether any modifications are advisable before signing.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in Virginia family law. He founded the firm in 1997 and practices in all five of the firm’s primary jurisdictions: Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a marital settlement agreement in Virginia?
A marital settlement agreement is a written contract between spouses that resolves property division, debts, spousal support, and often child-related issues outside of court. Under Va. Code § 20-109, a court may affirm, ratify, and incorporate such an agreement into a divorce decree, making its terms enforceable as a court order. The agreement must be entered into voluntarily and without unconscionability. Once approved, it becomes binding and can be enforced through the circuit court if one party fails to comply.
Do I need a lawyer to draft a marital settlement agreement in Virginia?
You are not legally required to hire a lawyer, but representation helps ensure the agreement is comprehensive, legally enforceable, and protects your long‑term interests. Virginia law allows spouses to negotiate terms on their own, but an agreement that omits essential provisions, fails to address tax consequences, or conflicts with statutory requirements may be rejected by the court or lead to future litigation. An attorney can review the agreement for fairness and compliance before it is signed.
Can a marital settlement agreement be modified after a divorce in Virginia?
A marital settlement agreement is generally final and binding on property division and spousal support, but provisions for child custody and support may be modified if there has been a material change in circumstances. The parties can also agree to modify the agreement in writing. If a modification is contested, the circuit court has jurisdiction to decide. Mr. Sris and his Of Counsel can evaluate whether a modification is possible and represent clients in modification proceedings.
What property is covered by a marital settlement agreement in Virginia?
The agreement covers the division of marital property, which includes all property acquired during the marriage, regardless of how title is held, except for gifts or inheritances received by one spouse. Separate property — assets owned before the marriage or acquired by gift or inheritance — is not subject to division, but any increase in value of separate property due to marital efforts may be treated as marital. The agreement should specify how each asset is classified and allocated.
How do I find a marital settlement agreement lawyer in Virginia?
Look for an attorney who concentrates in Virginia family law, has experience with equitable distribution, and can demonstrate a record of negotiating and enforcing settlement agreements. Mr. Sris and his Of Counsel have represented clients throughout Virginia in family law matters since 1997. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Va. Code § 20-109 – Property settlement agreements · Virginia Judicial System
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