QUESTION
Virginia How do I get a copy of the signed separation agreement
Asked on Jan 28th, 2013 on Family Law - Virginia
More details to this question:
My wife's attorney sent me a separation agreement for my notorized signature. we have no children and no property. The only thing I am concerned about is spousal support. The agreement clearly waives spousal support now and in the future, forever, for both parties. Everything in the wording is 100% the way I want it to be. However, the agreement is not signed by my wife. I will not be able to have peace of mind until I get a signed copy of this agreement. What is to keep her attorney from holding all copies of the agreement until she files for divorce? Do I have a right to the agreement? If so, how do I request a copy? P.S. I haven't signed the agreement yet. Thank you
2 ANSWERS
The agreement will allow you and your wife to get divorced on an uncontested basis with the shorter waiting period of 6 months (because you have no children). If she is anxious to get divorced and avoid the one-year waiting period then she will likely sign the agreement. If you choose to represent yourself (which is probably not a good idea) then you could send the agreement back and point out to the opposing attorney that the agreement wasn't signed. You could ask them to sign and notarize it and then send it back to you. You could then sign and notarize it, make copies and send it back to opposing counsel. It has the legal force of a contract but the real "bite" associated with a Property Settlement Agreement is that is ultimately made a part of the divorce decree and violations of the agreement are then enforceable by the court's contempt powers (jail, fine, etc.).
Answered on Feb 04th, 2013 at 3:51 PM
Criminal Law Attorney serving Virginia Beach, VA
Partner at
Law Office of Patrick J. Sullivan, PLC
1 Award
Good afternoon. The easiest way to alleviate your concerns is to make a copy of the Separation Agreement for yourself. If you are sure the Agreement says what you want it to say (having the Agreement reviewed by counsel is always a good idea), sign the Agreement and return it to your Wife's attorney.
Ask her counsel to provide a copy of the Agreement upon your Wife signing it. A Separation Agreement is essentially a contract, and you have a right, as a party to the contract, to receive a signed copy of the final Agreement. Compare the final signed copy to the copy you made before sending the signed original to your Wife's attorney. If everything matches, you can set your mind at ease.
Answered on Feb 04th, 2013 at 3:45 PM