Marital Settlement Agreement (No Children) - Virginia

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — VIRGINIA

TABLE OF CONTENTS

1. Parties and Recitals
2. Separation and Grounds
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts
6. Retirement and Pension Benefits
7. Debt Allocation
8. Spousal Support
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Execution and Notarization
13. Virginia Jurisdictional Notes
14. Financial Disclosures

1. PARTIES AND RECITALS

This Agreement is entered into on [__/__/____] by and between:

Spouse 1: [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2: [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were married on [__/__/____] in [________________________________] (city/county, state). The Parties separated on or about [__/__/____]. The Parties state that there are no minor children born of them, born of either and adopted by the other, or adopted by both, and neither Party is currently pregnant. Each Party has exchanged the information listed in Section 14, has had the opportunity to consult independent counsel, and enters this Agreement voluntarily. Any omitted property, debt, or material correction shall be added to the disclosure before signing.

2. SEPARATION AND GROUNDS

Since the separation date stated above, the Parties have lived separate and apart without cohabitation or interruption and intend the separation to be permanent. This Agreement may be used as their separation agreement; a divorce requires a separate court proceeding and satisfaction of applicable grounds and residence requirements.

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 retains and shall apply to refinance solely in that Party’s name within [____] days of the Final Decree; if a lender declines, the Parties shall follow this fallback: [________________________________].
☐ Spouse 2 retains and shall apply to refinance solely in that Party’s name within [____] days of the Final Decree; if a lender declines, the Parties shall follow this fallback: [________________________________].
☐ Property shall be listed for sale within [____] days; net proceeds divided: [________________________________].
☐ No real property owned.

Other Real Property: [________________________________]

The retaining Party shall execute any required deeds or transfer documents within [____] days. The Parties shall specify how any mortgage will be paid until refinancing, sale, or lender release: [________________________________]. A transfer between the Parties does not itself release a borrower from a lender obligation.

4. DIVISION OF PERSONAL PROPERTY

To Spouse 1: [________________________________]
To Spouse 2: [________________________________]

Vehicles:

Each Party shall execute titles/transfers within [____] days.

5. DIVISION OF FINANCIAL ACCOUNTS

Equalization Payment (if any): $[________] from [Spouse __] to [Spouse __] by [__/__/____].

6. RETIREMENT AND PENSION BENEFITS

☐ The Parties shall seek a plan-approved domestic relations order, if needed, for: [________________________________]. The order and any division remain subject to the plan administrator and applicable law.
☐ Each Party retains own retirement accounts without division.
☐ Other: [________________________________]

7. DEBT ALLOCATION

As between the Parties, each shall pay debts assigned to that Party and reimburse the other for sums paid on an assigned debt. This allocation does not bind a creditor or remove a named obligor. Debts incurred individually after the separation date are the sole responsibility of the incurring Party as between them, except: [________________________________].

8. SPOUSAL SUPPORT

☐ No support. Each Party knowingly waives any claim to spousal support from the other, including a reservation of support, subject to the court’s treatment of this Agreement.

☐ Support payable:

• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Unless the Parties expressly provide otherwise below, support terminates upon death of either Party or remarriage of the recipient. Cohabitation may support a court-ordered termination under Va. Code § 20-109(A); it is not an automatic termination under this Agreement.
• Different agreed termination or modification terms, if any: [________________________________]
• Payment method: [________________________________]

☐ Lump Sum: $[________] payable by [__/__/____].

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party responsible for own coverage after the Final Decree.
☐ If the plan permits continued enrollment, [Spouse __] shall take available steps to maintain the other’s coverage through [__/__/____]; if unavailable, the Parties shall cooperate on any continuation or replacement coverage for which the covered Party qualifies. Premium allocation: [________________________________].

Life Insurance:
☐ Not applicable.
☐ [Spouse __] maintains policy of $[________] naming other as beneficiary while support obligations continue. Carrier: [________] Policy No.: [________]

10. TAX FILING AND OBLIGATIONS

For each tax year before the divorce is final, the Parties shall determine their filing status under applicable tax law and agree as follows, where a joint return is legally available:

☐ File a joint return for tax year [____], after each Party reviews and signs the return.
☐ File separate returns for tax year [____].
☐ Determine filing status with a tax adviser before filing.

For the tax year in which the divorce becomes final and later years, each Party shall file using the status legally available to that Party. Estimated payments, deductions, and credits shall be allocated as follows: [________________________________].

Prior returns: Parties shall cooperate on outstanding returns and divide refunds/liabilities as follows: [________________________________].

As between the Parties, each shall reimburse the other for tax, interest, or penalties attributable to a materially incorrect item that Party supplied, to the extent permitted by law. This allocation does not limit a taxing authority’s rights.

11. MUTUAL RELEASE AND WAIVER

Except for obligations in this Agreement, property not disclosed in Section 14, and disclosed property not allocated above, each Party releases claims against the other concerning property and support arising from the marriage. Each Party, by signing this Agreement after the disclosures in Section 14, also waives the rights of a surviving spouse to an elective share, homestead allowance, exempt property, and family allowance in the other’s estate, and renounces benefits by intestate succession or under any will signed before this Agreement, as provided by Va. Code § 64.2-308.14. This clause does not itself change a beneficiary designation or a will signed later. Each Party shall separately complete any intended plan, policy, account, or estate-document changes, subject to applicable law and plan terms.

12. EXECUTION AND NOTARIZATION

This Agreement constitutes the entire agreement between the Parties, may be amended only in writing signed by both, and shall be governed by the laws of Virginia. The Parties shall ask the divorce court to affirm, ratify, and incorporate this Agreement into the Final Decree without merger, while preserving any independently enforceable contract terms. Incorporation occurs only if the court orders it. Each Party acknowledges reading, understanding, and voluntarily signing this Agreement.

☐ Both Parties represented by independent counsel.
☐ Spouse 1 chose to proceed without counsel after the opportunity to consult counsel.
☐ Spouse 2 chose to proceed without counsel after the opportunity to consult counsel.

SPOUSE 1:
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

SPOUSE 2:
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTARIZATION — STATE OF VIRGINIA

City/County of [________________________________]

On [__/__/____], before me personally appeared the above-named Spouse 1 and Spouse 2, known to me or proven by satisfactory evidence, and acknowledged execution of this instrument voluntarily.

Notary Public: ___________________________________ | Commission Expires: [__/__/____]
[NOTARY SEAL]

13. VIRGINIA JURISDICTIONAL NOTES

Virginia distinguishes separate, marital, and part-separate/part-marital property. In a court property award, Va. Code § 20-107.3(E) requires consideration of its listed factors. Under § 20-107.1(B), a proved statutory adultery ground can bar permanent support, subject to the statute’s manifest-injustice exception.

A divorce suit ordinarily requires that one Party be an actual bona fide Virginia resident and domiciliary when filing and for the preceding six months, subject to § 20-97’s specified routes. Under § 20-91(A)(9)(a), one year of uninterrupted separation without cohabitation is a ground; six months may suffice when there is a separation agreement and no minor children in the categories specified there. This Agreement itself does not grant a divorce.

14. FINANCIAL DISCLOSURES

Before signing, each Party shall attach or list current supporting statements and identify the approximate value or balance, ownership, and any disputed classification of every material asset and debt. Attach additional pages if needed, initialed by both Parties.

Supporting records exchanged (type and date): [________________________________].

Additional disclosed items and treatment: [________________________________].

Each Party confirms receipt of the other's completed disclosure and supporting records, with no material gap remaining. Any material gap or correction shall be resolved before signing: [________________________________].

Spouse 1 initials: [____] Spouse 2 initials: [____]

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Virginia attorney before executing any legal document.