Marital Settlement Agreement Lawyer Virginia Beach — How Do You Protect Your Rights?
A Marital Settlement Agreement (MSA) is a legally binding contract that resolves all issues in your divorce, including property division, spousal support, and debt allocation. In Virginia Beach, this agreement is governed by Virginia’s equitable distribution statute, Va. Code § 20-107.3. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
A Marital Settlement Agreement (MSA), often called a property settlement agreement in Virginia, is the cornerstone of an uncontested divorce. It is a full contract that you and your spouse sign to settle all marital issues without a trial. For a marital settlement agreement lawyer Virginia Beach, the primary goal is to create a clear, enforceable document that divides assets and debts, addresses spousal support (alimony), and establishes terms for any ongoing obligations. Once signed by both parties and notarized, the agreement is submitted to the Virginia Beach Circuit Court for incorporation into your final divorce decree. The court generally will approve an agreement that is fair and voluntary, making the terms court-ordered and enforceable.
Virginia law, specifically Va. Code § 20-107.3, provides the framework for equitable distribution of marital property. This means the court divides property fairly, but not necessarily equally, based on 11 statutory factors. A well-drafted MSA allows you to control this division rather than leaving it to a judge. The Virginia Beach Circuit Court handles the review and approval of all MSAs filed in divorce cases.
- Gather full financial documentation for all marital assets and debts.
- Consult with a Virginia Beach family law attorney to understand your rights under equitable distribution.
- Draft a proposed Marital Settlement Agreement outlining the division of property, debt, and support terms.
- Negotiate terms with your spouse or their counsel to reach a mutual agreement.
- Sign the final, notarized agreement and file it with your divorce complaint or answer at the Virginia Beach Circuit Court.
- Attend the uncontested divorce hearing where the judge reviews and incorporates the MSA into the final decree.
In Virginia Beach, a Marital Settlement Agreement resolves property division, spousal support, and debt allocation under Va. Code § 20-107.3, avoiding a contested trial.
| Agreement Component | Legal Standard | Key Considerations |
|---|---|---|
| Property Division | Equitable Distribution (Va. Code § 20-107.3) | Marital vs. separate property; valuation of homes, retirement accounts, businesses. |
| Spousal Support | Based on 13 statutory factors (Va. Code § 20-107.1) | Duration, amount, modifiability, and termination events. |
| Debt Allocation | Equitable distribution applies | Joint liabilities, credit card debt, mortgages, and tax obligations. |
| Legal Effect | Incorporated into Final Divorce Decree | Becomes a court order; enforceable by contempt. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our firm-wide track record includes 4,739+ documented case results. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team unique insight into the law governing your settlement agreement. We understand the financial and emotional stakes of finalizing your divorce terms.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Our team has extensive experience handling the Virginia Beach Circuit Court. We work to secure clear, enforceable settlement terms that protect your financial future. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases involving significant assets or business interests.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients with matters in Virginia Beach courts. We are accessible via I-64 and other major highways. As a dedicated marital settlement lawyer Virginia Beach clients trust, we offer 24/7 phone availability for consultations. We serve Virginia Beach, Sandbridge, Oceana, and surrounding communities.
Virginia Beach Marital Settlement Agreement FAQs
What should be included in a Marital Settlement Agreement in Virginia Beach?
Yes. A full MSA must include: identification and division of all marital property and debts; terms for spousal support (if any); provisions for filing joint tax returns; health insurance; and a clause stating the agreement is full and final. It should also address the marital home, retirement accounts, and any business interests.
Can a Marital Settlement Agreement be changed after the divorce?
It depends. Provisions for property division are generally final and cannot be modified. However, spousal support terms may be modifiable if the agreement or court order specifically allows for modification based on a material change in circumstances. Child support and custody are always modifiable based on the child’s best interests, regardless of the MSA.
Do both parties need a lawyer for a Marital Settlement Agreement?
No, it is not legally required, but it is highly advisable. Each party having independent legal counsel strengthens the agreement’s enforceability. A court may scrutinize an agreement more closely if one party was unrepresented, especially if there is a significant disparity in bargaining power or financial knowledge.
How is a business divided in a Virginia Beach marital settlement?
The business must be classified as marital or separate property. If marital, its value is subject to equitable distribution. This often requires a business valuation experienced. The settlement terms may award the business to one spouse with an offsetting payment to the other, or structure a buyout over time. A divorce settlement terms lawyer Virginia Beach can handle this complexity.
What happens if my spouse violates the Marital Settlement Agreement?
Since the MSA is incorporated into your divorce decree, it becomes a court order. You can file a Motion for Rule to Show Cause (contempt) in Virginia Beach Circuit Court against the violating party. The court can enforce the order through penalties, wage garnishment, or other remedies to compel compliance.
For guidance on divorce settlement terms in Virginia Beach, contact a marital settlement agreement lawyer Virginia Beach at Law Offices Of SRIS, P.C. We also assist with related matters like criminal defense in Virginia Beach. Explore our Virginia family law hub or learn about similar services in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.