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Va Marital Settlement Agreement

If the contractual terms are clear and unequivocal, the contract must be interpreted in terms of its clear meaning. “A contract is not ambiguous simply because the parties do not agree on the meaning of the terms used.” 2005-Vilseck v. Vilseck, 45 Va. App. 581 If it is necessary to consider extrinsious evidence, the appels courts consider the judicial interpretations of the contractual texts of de novo, because the court has the same opportunity to consider the words in the four corners of the provision at issue. Virginia`s law resolves contractual whims in one of three ways: first, in the absence of patents or latent ambiguities, a court should impose the clear meaning of contractual language without resorting to extrinsic evidence. Second, where there is ambiguity, a court should continue to apply the treaty if its true meaning is found. Third, if ambiguity renders the presumed agreement too indeterminate, even after considering extrinsic evidence, to allow the court to determine the intent of the parties, the contract cannot be applied, because there is no visible meeting of minds. (citing Smith v. Smith, 43 Va. App. 279 (2004). The Tribunal found an error in the fact that the text of a pre-marriage agreement is clear with respect to “separate ownership”.

A provision in the “considerations” section of the agreement proposed that “separate ownership” should be limited to property held by one of the parties prior to marriage, but a subsequent provision of the separate property defined for “the ownership of each party… now in possession or later,” who proposed another intention to place more than pre-marriage ownership of the parties beyond the reach of a fair distribution. Although separation offers an “impeccable” grounds for divorce, fault can still be a problem when seeking spousal assistance (support) or a factor in determining the division of marital property. In addition, a judge is free to grant a divorce at fault when there is “no fault” of reasons for separation, conversely, a judge is free to grant a “not guiltyness” even if there are reasons for error. Since national relations laws are state-specific, you will find that the separation of legal separation (a court-sanctioned agreement between a spouse and a wife that describes the obligations and rights of each party) some states allow legal separation from the court of temporary orders for the division of property, visitation support and even ownership. Nothing like this happens in the state of Virginia. Therefore, before jumping into it, talk to a lawyer to find out your options.

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