Friday 28 March 2014
Divorce Attorneys Virginia Beach Marital Property Settlement Agreement
If you are dealing with a divorce in Virginia or
about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax
Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a
lawyer today about your Divorce Case. An
attorney from our firm will do his best to help you.
We will do our absolute best to help you get the
best result possible based on the facts of your case. Our law firm has the necessary experience to
assist you with this matter.
Joseph v. Joseph
Facts:
Under the terms of the agreement, plaintiff husband
received approximately $ 615,000 and the wife received approximately $ 37,000
in Virginia
Beach. The wife admitted that she was given an opportunity to review the
agreement and that she declined to seek the advice of an attorney. She was not
forced to sign it. As evidenced by her detailed planning, she understood the
nature of the parties' assets and her legal rights in the event of a divorce.
The court found that she failed to prove overreaching or oppressive influences
by clear and convincing evidence. Her conduct in the years preceding the
agreement showed that she was capable of protecting her own interests. She had
hired an attorney for her first divorce, so she was aware of the benefits of
retaining counsel. She had also taken steps to protect herself financially in
the event of divorce. She did not timely repudiate the agreement; she did not
take any legal action to challenge the agreement until more than seven months
after she signed it and moved out of the marital residence. Based upon the
testimony and evidence, the wife failed to satisfy her burden of proving duress
or unconscionability by clear and convincing evidence.
If you are facing a Divorce case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Marital property
settlements entered into by competent parties upon valid consideration for
lawful purposes are favored in the law and such will be enforced unless
their illegality is clear and certain.
To prove coercion or duress,
the party challenging the validity of a marital property settlement
agreement must establish by clear and convincing evidence that, in fact,
he or she was subject to such external pressures and compulsion from the
other party to the contract that his or her signing of the agreement was
not a product of free will, but had been forced upon the party. Duress is
not readily accepted as an excuse, and must be proven by clear and
convincing evidence.
If
you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
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