Virginia Divorce Fairfax Attorney Property Settlement Agreement Illegal Void

Virginia Divorce Fairfax Attorney Property Settlement Agreement Illegal Void

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Surby v. Surby

Facts:

            Plaintiff wife filed an action with the court to have a property settlement agreement entered into between her and defendant husband declared illegal and void as contrary to public policy.  After the husband left his marital residence, he and his wife executed a property settlement agreement. The agreement provided for the surrender of dower and curtesy in all real estate, granted specific child support, and divided personal property. At the time of the execution of the agreement, the husband did not have grounds for divorce. The wife then filed an action to have the agreement declared void as contrary to public policy, claiming that a pre-existing ground for divorce had to exist in order for the agreement to be valid. The wife also alleged that the instrument was illegal because its purpose was to facilitate divorce.  The court held that a pre-existing ground for divorce was not a prerequisite in order for the agreement to be valid.

            If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Virginia Divorce Fairfax Attorney Property Settlement Agreement Illegal Void
Virginia Divorce Fairfax Attorney Property Settlement Agreement Illegal Void

Holdings:

   The Virginia Court made the following holding:
  • Because it is the policy of the law to foster marriage and to prevent separation, an agreement between a husband and a wife is void when its general purpose or specific object is to encourage or facilitate separation or divorce. But marital property settlements entered into by competent parties upon valid consideration for lawful purposes are favored in law and such will be enforced unless their illegality is clear and certain. Consequently, agreements between spouses dealing with a division of property, even though in contemplation of divorce, are valid unless part of a scheme to effect a separation or to obtain a divorce by collusion.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.