Sunday 20 April 2014
Divorce Attorneys Virginia Beach Separation
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.
Hamilton v. Hamilton
Facts:
The wife in Virginia Beach instituted a suit against the
husband alleging that a certain real property agreement entered into by them
was void and unenforceable. The agreement provided that the husband would buy
property in the names of both parties, and the wife would become jointly liable
on the mortgage note. It further provided that should either party start
proceedings to affect the marital relationship, the wife was required to convey
her interest in the property to the husband, and the husband was required to
assume all debt and hold the wife harmless from any claims regarding the
property. The chancellor held the agreement void and unenforceable on the
grounds that it was against public policy and lacked mutuality. On appeal, the
court reversed and remanded the chancellor's judgment, finding the agreement
valid and enforceable. The court held that the agreement, rather than encouraging
or facilitating a divorce or separation, tended to promote a continuation of
the marriage and that while the wife's interest in the real property could be
terminated if the husband filed suit for divorce, it was equally true that she
could at any time avoid liability on the note by filing such a suit herself.
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:
- Agreements between husband
and wife relating to the adjustment of property rights, even though in
contemplation of divorce, are not violative of established public policy
unless collusive or made to facilitate a separation or to aid in procuring
a divorce. Where the consideration for the promise of one party is the
promise of the other party, there must be absolute mutuality of
engagement, so that each party has the right to hold the other to a
positive agreement. Both parties must be bound, or neither is bound.
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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1 comments:
Thank you for sharing the information.
I would like to inform that I have recently came across a site on internet called simon family law who is providing the service of family law, divorce, child custody, equitable distribution etc.
West Palm Beach Divorce Lawyer
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