Q. What is a marriage separation and real estate counting contract? A marriage separation contract, also known as a real estate transaction contract, is a written contract that separates your property, shares your rights and solves problems such as support and custody. A separation agreement can be reached before or after the divorce, even if you and your spouse are still in a relationship. 2010— McCoy v. McCoy, 55 Va. App. 524 Court correctly stated that the husband`s obligation, health insurance for the woman under the terms of the real estate parties Transaction was not a form of assistance to the spouse, and therefore not automatically for the husband in the event that the wife remarries. The health insurance in the agreement was completely independent of the spy assistance provision and, unlike the sped assistance provision, did not depend on a future breach of the agreement by the husband. The husband`s obligation to provide health insurance was born from the signing of the contract. It is important for spouses to understand that an PPE is a contractual agreement that must be agreed upon and executed by each spouse to be effective.

This requires negotiations and often compromises between spouses who have decided to break the bonds of marriage. The process of reaching an agreement may require more work depending on the degree of deterioration in the relationship between the spouses. However, since an EPI allows the spouses to resolve the matter on their own terms, the burden that may be required is generally worthwhile. In the absence of PSA, these cases can only be decided by a single judge, and only after a contentious, lengthy and costly litigation. A comprehensive PPE allows outgoing spouses to deal with divorce issues that would otherwise be decided by the court, such as custody and home visits of children, family or child care, and the distribution of marital assets, property and debts. It may also address issues for which the court is not competent, such as. B as the distribution of separate ownership or tuition fees and expenses related to a child`s private school or even higher education. The level of control that a well-developed PSA gives spouses over the outcome of their divorce is perhaps the greatest advantage for the conclusion of such an agreement. CONSIDERING that we want to resolve all matters relating to our marital affairs, personal property and real estate and our finances by mutual agreement; As with contracts, interpretive issues relating to real estate settlement contracts are subject to de novo review in the context of an appeal. When all the evidence necessary to announce a contract has been presented to the Tribunal and is before the Court of Review, the meaning and effect of the contract is a question of law that can be easily established by the Court of Appeal.

2013— Gross v. Gross, Va. Ct. of Appeals, Unpublished Opinion, No. 2214-12-3. The court was not wrong in refusing to terminate the husband`s obligation to support on the basis of the wife`s renunciation of his interest in retirement. Mari argued that the court should relieve him of his spousal assistance obligation, since his only income came from the social security pension and disability benefits and that his wife, by her consent, renounced her interest in her pension benefits. The court found that the wife`s waiver of her interests worked in determining fair distribution, but not with respect to spousal assistance. While Wife`s waiver prohibits the distribution of the spouse`s pension benefits by a fair distribution, it has not excluded benefits as a source of income to be used to meet the agreed obligation to assist spouses.