Is a notarized separation agreement, legally binding?
Agreements
Separation agreements generally must be in writing and signed by both parties. Court orders signed by the parties’ attorneys are binding even though the parties themselves haven’t signed them. Also, an agreement stated in open court can be binding if the parties tell the judge they understand it and are willing to be held accountable to the agreement.
The most effective way to avoid spending a fortune on your divorce is to reach an agreement about all the issues. You would then pay a lawyer to handle the formalities, such as writing up the agreement. The agreement itself should be written by a lawyer who knows family law well.
The Circuit Courts will make decisions for parties if they can’t agree on a decision by themselves.
The Virginia Code gives Circuit Court judges the authority to make court orders about:
- child custody and visitation
- the division of property and debts
- the payment of child and spousal support
I have heard many judges explain to people that they will do the best they can but that the parties themselves probably will be happier if they work out these issues on their own. If the parties can agree on a particular issue, they can make a contract about it. The Court can then order them to comply with their contract. Once the parties have come to an agreement on the division of their property or spousal support, the judges’ hands are tied and they cannot order anything but what the parties agreed about those topics.
Online Forms To Save Money?
Some people try to save money by writing the agreement themselves or using a form found online. I don’t recommend this. The cost of having a professional write up an average agreement is affordable for almost everyone. Shop around and you can find someone who does it at a price you can afford.
Split the Difference, Both Save Money
I recommend that one spouse pays to have the agreement drafted from a list of deal points the parties have verbally agreed to. The other spouse should then pay for a consultation with a different lawyer to review the text. Once everyone agrees with the wording, the spouses both sign the agreement and the difficult part of the process is over. If the agreement covers all of the issues, the final divorce decree will simply refer to it and order both parties to comply with it.
