Separation Agreements Attorney
A separation agreement is a written contract between spouses that resolves the issues raised by their separation and divorce — custody, support, property division, and debt — by agreement rather than court order. Farrell & Croft, P.C. drafts and negotiates separation agreements that reflect what our clients actually want, while making sure the terms are fair and enforceable.
What a Separation Agreement Resolves
A well-drafted separation agreement can address custody and visitation, child support, spousal support, division of marital property and retirement accounts, and apportionment of marital debt. Once signed, it typically becomes part of the final divorce decree, making its terms enforceable by the court just as a litigated order would be.
Negotiating a Fair Agreement
Reaching a separation agreement doesn’t mean giving up representation. Our attorneys negotiate on your behalf, review any agreement your spouse’s attorney proposes, and can be available for consultation if you and your spouse are working through mediation. The goal is an agreement you can live with — not just one that avoids a courtroom.
What Happens If Circumstances Change
Life doesn’t stop once a separation agreement is signed. Depending on how the agreement is drafted, some provisions — particularly those involving children, like custody and child support — generally remain subject to modification by the court even after the agreement is incorporated into a divorce decree, since Virginia law doesn’t allow parents to permanently sign away a child’s right to adequate support. Other provisions, like the division of property that’s already occurred, are typically final. Understanding which parts of your agreement can be revisited later, and which can’t, is something we walk through with clients before they sign.
Common Pitfalls in a Separation Agreement
Separation agreements drafted without counsel, or rushed through to “just get it done,” often leave out details that cause problems later — how retirement accounts will actually be divided and transferred, who claims children as dependents on taxes, what happens if a spouse remarries, or how a future disagreement over the agreement’s terms will be resolved. We draft with those scenarios in mind, so the agreement holds up rather than generating a second round of litigation down the line.
Separation Agreements vs. Litigation
A separation agreement and a litigated divorce reach the same basic destination — a final resolution of your divorce issues — but the path there is very different. Litigation puts the outcome in a judge’s hands and follows the court’s schedule, which can take months or longer. A separation agreement moves at the pace you and your spouse can actually reach agreement, and gives you control over terms a judge might not have ordered on their own. That control is the main reason many clients prefer this route when it’s realistically available.
Reviewing an Agreement Before You Sign
Even when you and your spouse largely agree, it’s worth having your attorney review the final document line by line before you sign. Verbal understandings don’t always translate cleanly into legal language, and a term that sounded fine in conversation can read very differently — and bind you very differently — once it’s written into a contract. We review every agreement with an eye toward how it would actually play out if a dispute arose later, not just whether it matches what you discussed.
Incorporating the Agreement Into Your Divorce Decree
Once signed, a separation agreement can be incorporated into your final divorce decree, which is generally advisable since it makes the agreement enforceable through the court’s contempt powers, the same as a litigated order. Without incorporation, enforcing the agreement may require a separate breach-of-contract action rather than the more direct contempt remedies available for an actual court order. We make sure this step happens correctly so the agreement carries its full intended weight.
When One Spouse Won't Negotiate Reasonably
Not every separation agreement comes together smoothly. When one spouse refuses to engage, makes unreasonable demands, or repeatedly delays, continuing to pursue an agreement indefinitely isn’t always the right strategy. We help clients recognize when it’s time to shift from negotiation toward litigation to keep the case moving, while still remaining open to a negotiated resolution on fair terms if the other side becomes more reasonable later in the process.
Contact us about a separation agreement to get started.
Frequently Asked Questions
A separation agreement is a private contract between spouses resolving the terms of their separation. Once signed, it’s typically incorporated into the final divorce decree, at which point its terms become a court order.
Yes. A separation agreement can resolve custody and visitation, child support, spousal support, property division, and marital debt, all by agreement rather than litigation.
Yes. An attorney can make sure the agreement is properly drafted, fair, and enforceable, and can identify issues you and your spouse may not have considered.
Yes, once properly signed, and it becomes even more enforceable once incorporated into a final divorce decree.
Yes. Many couples use mediation to negotiate the terms of a separation agreement, with their individual attorneys reviewing the resulting document before it’s signed.
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