Legal Question in Family Law in Virginia
Separation Agreement
After a rocky nine year marriage, I filed for divorce. Five years ago, I had a settlement agreement prepared. Both I and my husband sighed it and it was notarized. It stated that I was to recieve $80,000, plus intrest at 9%. After two years, my husband paid a lump sum of $50,000. We reconciled briefly. My question is, does the reconciliation void the contract? The money was an inheritance I recieved prior to our marriage. He will not submit to Oklahoma courts which will require me to seek counsel in Virginia as well as in Oklahoma. I was forced to come to Oklahoma to my parents home because I was ill and had no job or money. My husband is a physician with a drug problem.
2 Answers from Attorneys
Re: Separation Agreement
Virginia follows the majority of states in voiding "executory provisions" of Property Settlement Agreements, unless the Agreement says otherwise. An executort provision is not always easy to define, but it is basically a provision which is not yet required to be performed. I do not know without further research what happens to a provision which has been partially performed before the short reconciliation. In any event, the first step is to look at the language of the PSA. If your action is in Northern Virginia, I would be happy to undertake this matter for you.
Paul B. Ward
Law Offices of Paul B. Ward
8304 B Old Courthouse Road
Re: Separation Agreement
Good morning.
The answer to your question about continued validity of your contract, like so many legal questions, depends on a variety of factors. For example, one must apply state law of either OK or VA, depending on the circumstances. The answer also depends on language in the contract,and on whether the trial reconciliation occured after you were divorced or while your were still married.
Sorry for not being more specific. If you send me a copy of the contract and fill out my background questionnaire, I offer to prepare a written professional opinion. The fee is one hour of my time at $200.00 an hour.
Olivier Long
Law Offices of Olivier Denier Long
10500 Sager Avenue, #B
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