New Kent County Marital Settlement Agreement Lawyer — How Do You Protect Your Rights?
A Marital Settlement Agreement (MSA) in New Kent County is a legally binding contract that resolves all divorce issues under Virginia law. It covers property division, spousal support, and debt allocation, governed by Va. Code § 20-107.3. Law Offices Of SRIS, P.C. provides full representation to draft and negotiate these critical terms.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
What Is a Marital Settlement Agreement in Virginia?
A Marital Settlement Agreement (MSA), often called a property settlement agreement, is a full contract between spouses that settles all matters arising from their marriage. In Virginia, this includes the equitable distribution of marital property and debts under Va. Code § 20-107.3, spousal support, and any other agreed-upon terms. Once signed by both parties and incorporated into a final divorce decree by the New Kent County Circuit Court, it becomes a court order with the full force of law. A well-drafted MSA provides certainty, avoids costly litigation, and allows you to control the outcome of your divorce.
Key Terms in a New Kent County Divorce Settlement
Your Marital Settlement Agreement must address all relevant issues with clear, unambiguous language to prevent future disputes. Key terms include:
- Equitable Distribution of Property: Identification and valuation of all marital assets (real estate, retirement accounts, businesses) and debts, followed by a fair division plan.
- Spousal Support (Alimony): The amount, duration, and terms of any support payments, referencing the factors in Va. Code § 20-107.1.
- Debt Allocation: Specific assignment of responsibility for marital debts, including mortgages, car loans, and credit cards.
- Tax Considerations: Provisions for claiming dependents, handling capital gains, and allocating tax liabilities and refunds.
- Insurance and Benefits: Maintenance of health/life insurance policies and division of any marital interest in employment benefits.
- Initial Consultation & Disclosure: Gather all financial documents (tax returns, deeds, account statements) for full disclosure.
- Drafting the Agreement: Your attorney drafts the initial MSA, proposing terms for asset division, support, and other issues.
- Negotiation & Revision: The draft is shared with the other party or their counsel for review and negotiation of terms.
- Final Review & Signing: Both parties, with legal counsel, conduct a final review, sign the agreement, and have signatures notarized.
- Court Submission: The signed MSA is filed with the New Kent County Circuit Court as part of the divorce pleadings.
- Incorporation into Decree: The judge reviews the MSA at the final hearing and incorporates its terms into the divorce decree.
Why You Need a Lawyer for Your Settlement Agreement
While an MSA can simplify a divorce, drafting one without legal guidance risks serious financial and legal consequences. A divorce settlement terms lawyer New Kent County ensures the agreement is legally sound, enforces your rights, and anticipates future issues. Common pitfalls include unclear language about asset division, failing to value a business or retirement account properly, omitting tax implications, or creating unenforceable support terms. Our attorneys identify these risks, advocate for favorable terms, and draft precise language that withstands legal scrutiny.
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
Case Results & Firm Authority
Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County across all practice areas, with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the law governing your settlement agreement.
Contact Our New Kent County Family Law Office
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Availability: 24/7 phone consultations — meetings by appointment only.
Our Richmond location serves clients in New Kent, Providence Forge, and Quinton. We are accessible via I-64, Route 33, and Route 249. If you need a Marital Settlement Agreement Lawyer New Kent County near the New Kent County Courthouse, contact us for a consultation.
Marital Settlement Agreement FAQs for New Kent County
Is a Marital Settlement Agreement legally binding in Virginia?
Yes. Once signed by both parties and incorporated into a final divorce decree by a Virginia Circuit Court judge, a Marital Settlement Agreement becomes a legally binding court order. It can be enforced through contempt proceedings just like any other court judgment.
Can I change a Marital Settlement Agreement after my divorce?
It depends. Terms related to property division are generally final and cannot be modified. However, provisions for spousal support or child support may be modifiable under Virginia law if there is a material change in circumstances. Child custody and visitation schedules are also subject to modification based on the child’s best interests.
What happens if my spouse violates the Marital Settlement Agreement?
If your spouse fails to comply with the terms of the court-ordered agreement, you can file a Motion for Rule to Show Cause (contempt) in the New Kent County Circuit Court. The court can enforce the order through penalties, wage garnishment, or even jail time for willful non-compliance.
Do both spouses 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 helps ensure the agreement is fair, legally sound, and that both parties fully understand their rights and the terms they are signing. It also strengthens the agreement against future challenges.
What is the difference between a separation agreement and a marital settlement agreement?
In Virginia, the terms are often used interchangeably. Technically, a “separation agreement” is signed while the parties are living apart but before a divorce is filed. A “marital settlement agreement” is typically signed during the divorce process. Both serve the same function: to contractually settle all divorce-related issues.
Related Practice Areas: For other legal needs in New Kent County, visit our pages for Criminal Defense, DUI/DWI Defense, and Personal Injury.
Locations We Serve: Our Marital Settlement Agreement Lawyer New Kent County team also assists clients in nearby jurisdictions. Learn more about our services in Henrico County and Chesterfield County.
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