Legal Question in Family Law in Virginia

Re: Is there a Statute of limitations on a separation agreement?

IF the agreement was never filed in court, it will not have any bearing.

Re: Is there a Statute of limitations on a separation agreement?

If Virginia law applies, the agreement may be at least partly valid. It is in writing, so there is probably not any argument about what it says, it was signed by both parties (having it notarized does not make it any more biding; it just proves the signatures, which could be done by testimony). The real question is whether there was a reconciliation after the agreement was signed. If so, Virginia would uphold those portions of the agreement which were already performed and terminate those provisions of the agreement which had yet to be performed. If there was no reconciliation, the agreement stands, and I suspect the statute of limitations has not begun to run if there are matters still to be performed under the agreement. Cohabitation alone after the agreement was signed does not alter the validity of the agreement; there would have to be more than intimacy -- i.e. an intent to reconcile.

Re: Is there a Statute of limitations on a separation agreement?

If at all possible, you would be well advised to obtain an updated version of the agreement which reflects the current conditions and wishes of the parties before you file the document with the court.