Marital Settlement Agreement Lawyer Fairfax, VA
You and your spouse have made the difficult decision to divorce. Now you need to address the division of property, spousal support, and—if you have children—custody and child support. A marital settlement agreement, also known as a property settlement agreement or separation agreement, allows you to resolve these issues privately, without a trial, giving you control over the outcome. At Law Offices Of SRIS, P.C., Mr. Sris, Owner and Founder, and the firm’s Of Counsel attorneys guide clients through this process, drafting enforceable agreements tailored to Virginia law. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Crafting a Solid Marital Settlement Agreement
A well-drafted marital settlement agreement serves as the foundation for a cooperative divorce. Mr. Sris and the firm’s Of Counsel attorneys work closely with you to identify all marital assets and debts, determine an equitable division, and address spousal support, health insurance, and related financial matters. We negotiate terms that reflect your priorities while remaining compliant with Virginia’s equitable distribution framework, helping you avoid costly litigation over contested issues. The goal is a comprehensive, enforceable document that brings closure and clarity.
Our approach includes reviewing your financial disclosure, analyzing the tax implications of proposed terms, and—where applicable—structuring child custody and support provisions that serve your children’s best interests. We draw on years of family law representation in Fairfax County Circuit Court and the surrounding communities to anticipate common points of disagreement and craft language that minimises future disputes. Whether you are preparing an agreement as part of a no‑fault divorce or negotiating a settlement in a contested matter, we tailor our work to your specific circumstances.
What to Expect During the Process
The marital settlement agreement process typically begins with a confidential consultation where you and your attorney discuss your goals and gather information about your marital estate. Next, both parties exchange a complete picture of their finances, including income, property, and debts. Negotiation follows—sometimes through direct discussions between the attorneys for each spouse—with the aim of reaching a mutually acceptable resolution on all issues.
Once the terms are settled, one of the firm’s Of Counsel attorneys, working under the direction of Mr. Sris, drafts the agreement in accordance with Va. Code § 20‑109 and other relevant Virginia law. You will have the opportunity to review every provision before signing. The final, notarized document may then be presented to the Fairfax County Circuit Court at the time of your divorce hearing. The court reviews the agreement to confirm it is entered into voluntarily and is not unconscionable before incorporating it into the final divorce decree.
Virginia Law on Marital Settlement Agreements
Under Va. Code § 20‑109, a written agreement between spouses settling property rights, spousal support, and other matters arising from the marriage is binding on the parties and may be enforced as a contract. Virginia is an equitable distribution state, meaning the court will approve an agreement that fairly divides marital property without necessarily splitting it equally. The agreement may also serve as the basis for a six‑month no‑fault divorce when no minor children are involved and both spouses have signed the separation document.
For couples with children, the court must independently review any custody, visitation, and child‑support provisions to ensure they align with the child’s best interests. A thorough, carefully constructed agreement prepared with experienced legal guidance is more likely to be approved without modification, allowing you to finalize your divorce efficiently and move forward.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who draws on his courtroom experience to help clients navigate family law matters with clarity and precision. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, Mr. Sris has guided hundreds of individuals through the divorce process in Fairfax and throughout Northern Virginia. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys are experienced family law practitioners who collaborate with Mr. Sris to provide comprehensive representation. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters. Results may vary. past outcomes do not guarantee a similar result.
Frequently Asked Questions About Marital Settlement Agreements in Fairfax
What is a marital settlement agreement in Virginia?
A marital settlement agreement, also called a property settlement agreement or separation agreement, is a binding written contract between divorcing spouses that resolves all issues—property division, spousal support, and, if applicable, child custody and support—outside of court. The agreement is governed by Va. Code § 20‑109 and may be incorporated into the final divorce decree by the Fairfax County Circuit Court. It allows couples to avoid contested litigation and maintain control over the terms of their divorce.
Do I need a lawyer to create a marital settlement agreement?
Virginia law does not require you to hire an attorney, but having an experienced family law lawyer draft or review the agreement is strongly recommended to protect your rights and help ensure the agreement is enforceable. An attorney can identify potential pitfalls, address tax consequences, and confirm that the terms comply with Virginia’s equitable distribution rules. Self‑drafted agreements are more often challenged and may be set aside if they are found to be unfair or unconscionable.
Can a marital settlement agreement be changed after it is signed?
An agreement can be modified if both parties consent, or, if it was incorporated into a court order, upon a showing of a material change in circumstances. Once the divorce decree is entered, provisions concerning property division are generally final, while spousal support and child‑related terms may be subject to modification under specific conditions. A family law attorney can advise you on whether a modification request is likely to succeed.
What happens if my spouse does not follow the agreement?
If your spouse violates a marital settlement agreement, you may seek enforcement through the court, such as by filing a motion for contempt or a breach of contract action. Because an agreement approved by the court carries the force of a court order, willful noncompliance can result in sanctions, including attorney fees and other penalties. Prompt legal action is critical to protecting your interests.
How does a marital settlement agreement affect child custody?
An agreement may include custody and visitation provisions, but the Fairfax County Circuit Court must still determine that those terms serve the best interests of the child before approving them. Even if both parents agree, the court reviews the arrangement to verify it provides for the child’s physical, emotional, and educational well‑being. Working with a lawyer helps you craft a parenting plan that meets the statutory best‑interests standard under Virginia law.
Related legal services:
Fairfax County family law attorneys •
separation agreement representation •
divorce attorney in Fairfax •
child custody lawyers in Fairfax
Virginia primary sources:
Virginia Code Title 20 (Family Law) •
Fairfax County Circuit Court •
Virginia Judicial System
To speak with Mr. Sris or one of the firm’s Of Counsel attorneys about your marital settlement agreement, call (888) 437-7747 or schedule a consultation at our Fairfax location. Law Offices Of SRIS, P.C. – Fairfax Location: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Mr. Sris, Owner and Founder, is responsible for this advertising. Results may vary.
Case results depend on a variety of factors unique to each case.