Property Settlement Agreement Divorce Virginia

177The court rightly rejected an error by refusing to accept evidence on the terms of a settlement agreement where its interpretation of the agreement created ambiguities, with the result that the agreement somehow violated existing case-law. 2015-Brandenstein v. Brandenstein, Va. Ct. of Appeals, Unpublished, no. 0249-15-4The court erred in finding that a provision of a matrimonial agreement establishing a formula for calculating the spouse`s allowance was ambiguous. If the formula required the use of only two numbers in a given year and these numbers were available by reference to certain boxes in Husband`s K-1 calendars, the layout was not ambiguous. Virginia law recognizes two types of divorces: bed and board divorce (a mensa and thoro) and marriage divorce (a vinculo matrimonii). Divorce from bed and food is a partial or qualified divorce in which the parties are legally separated but cannot remarry. Divorce from the conjugal union is a total and absolute divorce. Anyone benefiting from a divorce between the bed and the board of directors can ask the court to “reunite” the decree after at least one year from the date of the initial separation of the parties with a view to a divorce from the conjugal union.

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