Legal Question in Family Law in Virginia
Separation Agreement
I had a separation agreement drawn up 2.5 years ago, when my wife and I split up, and now that I am filing for divorce she wants to change the part that said she wouldn't come after my retirement pay. Can that be done? I am military and we have been married for 11 Years.
Asked on 11/16/06, 7:59 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
Re: Separation Agreement
Written marital agreements can be attacked on the basis of undue influence, fraud, inadequate disclosure or lack of opportunity to consult counsel. In this case, your wife would have to make a case that she had grounds to set aside the the agreement.
Neither launching such an attack nor defending one should be done without counsel.
Answered on 11/17/06, 11:49 am
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