Divorce Settlement Agreement - Virginia
DIVORCE SETTLEMENT AGREEMENT
Commonwealth of Virginia
Date: [__/__/____]
Before you use this agreement: Complete the attached property and child-related schedules. The circuit court decides whether to enter a divorce decree and whether to incorporate this agreement; child custody and support terms remain subject to court review.
1. Parties and marriage
This Agreement is between [PARTY A FULL NAME], of [ADDRESS], and [PARTY B FULL NAME], of [ADDRESS] (together, the “Parties”). The Parties married on [__/__/____] in [PLACE]. They began living separate and apart on [__/__/____]. Any divorce based on separation is subject to Va. Code § 20-91(A)(9); signing this Agreement does not itself grant a divorce.
The Parties intend to submit this Agreement to the Circuit Court of [COUNTY/CITY], Virginia, for consideration under Va. Code §§ 20-96 and 20-109.1. The Agreement becomes effective between the Parties on the date of the last signature, subject to any approval required for a provision to take effect in a court order.
2. Disclosure and property division
Each Party states that the financial information supplied in Schedule 1 is accurate to the best of that Party’s knowledge as of [__/__/____]. The schedule lists property, debts, title, estimated value, and each Party’s proposed classification as separate, marital, or part separate and part marital. The court retains its role under Va. Code § 20-107.3(A) if classification or distribution is disputed.
Residence: The property at [ADDRESS AND LEGAL DESCRIPTION REFERENCE] shall be ☐ awarded to Party A ☐ awarded to Party B ☐ sold under the terms in Schedule 1. If awarded, the transferring Party shall sign the required deed by [__/__/____]; refinancing, lien release, sale costs, and any buyout are specified in Schedule 1. This Agreement does not itself convey title.
Accounts and personal property: The items and accounts in Schedule 1 are allocated as shown there. Each Party shall sign the transfer instructions needed to carry out that allocation by [__/__/____].
Retirement interests: The Parties propose the division in Schedule 1. Any plan-required transfer order, including a qualified domestic relations order where applicable, shall be prepared and submitted separately. The schedule states the plan name, interest divided, valuation date, percentage or amount, survivor treatment, and order-preparation responsibility.
Equalizing payment, if any: [PARTY] shall pay [PARTY] $[AMOUNT] by [__/__/____] using [METHOD]. ☐ No equalizing payment is agreed.
3. Spousal support
Select one and complete it:
☐ No support requested. Each Party asks the court to accept a mutual waiver of spousal support, subject to the court’s review of this Agreement.
☐ Support requested. [PAYOR] shall pay [RECIPIENT] $[AMOUNT] per [MONTH/WEEK], beginning [__/__/____] and ending [DATE OR EVENT]. Payment method: [METHOD]. Additional agreed terms concerning termination or modification: [________________________________].
Any later request to change a spousal-support order is governed by Va. Code § 20-109 and the terms of the court-approved agreement. The Parties do not treat a private notice or missed payment as an automatic court modification.
4. Children, if applicable
☐ The Parties have no minor children whose custody or support is addressed here. Skip Sections 4 and 5.
☐ The children covered by this Agreement are listed in Schedule 2. The Parties propose ☐ joint legal ☐ sole legal custody to [PARTY], and the residential and parenting-time arrangements in Schedule 2. The proposed schedule covers ordinary weeks, holidays, exchanges, school breaks, communication, and decision-making. The court determines custody and visitation according to Va. Code §§ 20-124.2(B) and 20-124.3.
Under a custody or visitation order, each Party shall give the court and the other Party at least 30 days’ advance written notice of an intended relocation or change of address unless the court orders otherwise for good cause, as provided by Va. Code § 20-124.5. Any different notice term in the custody order controls where the court has ordered it.
5. Child support, if applicable
The Parties propose that [PAYOR] pay [PAYEE] $[AMOUNT] per month beginning [__/__/____]. Schedule 3 contains the completed Virginia guideline calculation, income inputs, health-insurance cost, child-care cost, and any proposed deviation with its reason. The guideline result carries the rebuttable presumption stated in Va. Code § 20-108.2(A); the court or agency determines the enforceable amount and payment route.
The Parties propose the following allocation of unreimbursed child health-care costs: Party A [____]%, Party B [____]%. Any additional child expense agreement is listed in Schedule 3. A change to a child-support order is subject to Va. Code §§ 20-108 and 20-109.1 and any required court process; this Agreement sets no automatic review or adjustment date.
6. Debts and taxes
The Parties allocate the debts shown in Schedule 1. The Party assigned a debt shall pay it when due and reimburse the other Party for amounts the other Party must pay on that debt, after written notice and supporting records. The Parties shall seek any creditor consent needed to release a Party from a debt; until then, they shall handle any creditor demand under this Section.
For tax year [YEAR], the Parties will file ☐ separately ☐ jointly if eligible and mutually agreed. They shall exchange information needed for filing by [__/__/____]. Any allocation of tax liabilities or child-related tax benefits is set out in Schedule 4, subject to governing tax law and the filing requirements that apply to the Parties.
7. Performance and disputes
A Party who believes the other has not performed shall give written notice describing the unmet obligation and supporting records to [NOTICE ADDRESS OR EMAIL]. The receiving Party has [____] days after actual receipt to respond or cure, except where the court order or law provides another route. The Parties may seek relief from a court with jurisdiction. No provision here automatically accelerates future support, changes custody, waives a child’s rights, or limits the court’s statutory authority.
The Parties may amend this Agreement only in a writing signed by both Parties. A change to a term incorporated into a decree is subject to the governing law and any required court action. Virginia law governs this Agreement.
8. Signatures
Each Party acknowledges having read the completed Agreement and schedules, having had an opportunity to obtain independent advice, and signing voluntarily.
| Party A | Party B |
|---|---|
| Signature: __________________________ | Signature: __________________________ |
| Printed name: [____________________] | Printed name: [____________________] |
| Date: [__/__/____] | Date: [__/__/____] |
| Notice address: [___________________] | Notice address: [___________________] |
| Email: [___________________________] | Email: [___________________________] |
Schedule 1 — Assets and debts
| Item or debt, account or parcel ID | Titled owner | Estimated value or balance | Proposed classification | Allocated to | Transfer or payment details |
|---|---|---|---|---|---|
| [________________] | [________] | $[______] | [________] | [________] | [________________] |
| [________________] | [________] | $[______] | [________] | [________] | [________________] |
Residence and retirement implementation terms: [________________________________________________]
Schedule 2 — Children and parenting plan
Children and dates of birth: [________________________________________________]
Weekly schedule, exchanges, holidays, school breaks, and decision-making: [________________________________________________]
Schedule 3 — Child-support calculation
Guideline worksheet attached: ☐ Yes ☐ Not applicable
Combined income and guideline result: [________________________________________________]
Proposed deviation and reason, if any: [________________________________________________]
Health coverage and additional expenses: [________________________________________________]
Schedule 4 — Tax allocation, if agreed
[____________________________________________________________]
About this template
- Last updated
- October 6, 2026
- Citations checked
- October 6, 2026
- Jurisdiction
- Virginia
- Category
- Family Law
Legal authority
- Va. Code § 20-96 (circuit court divorce jurisdiction)
- Va. Code § 20-91(A)(9) (divorce after qualifying separation)
- Va. Code § 20-107.3(A) (property and debt classification)
- Va. Code § 20-109(A) (spousal-support modification)
- Va. Code § 20-109.1 (incorporation of valid agreement)
- Va. Code § 20-108 (child-support modification)
- Va. Code § 20-108.2(A) (child-support guidelines)
- Va. Code § 20-124.2(B) (custody)
- Va. Code § 20-124.3 (best interests)
- Va. Code § 20-124.5 (relocation notice)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 6, 2026.
Va. Code § 20-91(A)(9) (checked October 6, 2026): "On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months."
Va. Code § 20-96 (checked October 6, 2026): "The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims."
Va. Code § 20-107.3(A) (checked October 6, 2026): "Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony, or upon the filing with the court as provided in subsection J of a certified copy of a final divorce decree obtained outside the Commonwealth, the court, upon request of either party, (i) shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties and shall consider which of such property is separate property, which is marital property, and which is part separate and part marital property in accordance with subdivision 3 and (ii) shall determine the nature of all debts of the parties, or either of them, and shall consider which of such debts is separate debt and which is marital debt."
Va. Code § 20-109(A) (checked October 6, 2026): "Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper."
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