Legal Question in Family Law in Virginia
Signed Separation Agreement, Reconciled...
My husband and I signed A Property Settlement and Separation Agreement On June 13, 2002, which states that the agreement stays binding even after a reconciliation.
Since then we have reconciled but I not exactly moved all of my belongings into his townhouse. I have been sleeping most nights and days with him..
5 weeks after reconciliation, we had an argument at which time I returned his house keys, and left.. Returning 6 hours later to find the same ex-girlfriend in his bedroom.
My question, I signed away all of my marital rights, so, did I get back certain rights because of the reconciliation? or, Is there nothing I can do about his girlfriend being in our marital home, which was his home before the marriage..
2 Answers from Attorneys
Re: Signed Separation Agreement, Reconciled...
Dear Writer: You have posed a legally sticky question. Very frankly, I do not have time just now to give this matter the consideration it deserves so this is a very horseback response.
I am reluctant to let my clients sign onto a "effective after reconcilliation" clause in a PSA. You should have had a fresh agreement upon reconciling based on then current onditdions.
In your situation, it may not be material as to whether your husband ever intended a genuine reconciliation. So you are PROBABLY stuck with the PSA. To give a more specific reliable opinion, I would have to charge a research fee.
Re: Signed Separation Agreement, Reconciled...
You should have a family law practitioner review the Separation And Property Settlement Agreement (SPSA)in order to determine, precisely, what your rights are(or may be)under these new facts which were non-existent when the agreement was signed.
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