Legal Question in Family Law in Virginia

I have an question that I am trying to understand in my PSA Agreement. it has in there under the Subsequent Divorce. If a Final Decree of Divorce a Vinculo Matrimonii shall be awarded either party, Husband and Wife shall agree to petition the court to approve, ratify and incorporate the provisions of this Agreement. To the extent permitted by the Court, any such Final Decree shall contain language ordering compliance with all the terms and conditions of this Agreement.

I would like to know what this mean does it say that no one can stop this besides the judge or what. I am trying to understand this a little better. I am trying to make changes to the PSA Agreement now to see if her lawyer will agree with it.

Asked on 11/25/13, 10:56 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

That language is inserted in PSA agreements to give each party an alternative way of enforcing compliance with the terms of the agreement. Any agreement can be enforced in a breach of contract action, which is a separate lawsuit to compel compliance with its terms. But by making a PSA a part of a divorce action and ordering the parties to comply with the PSA, a non-complying party can be brought back to the divorce court and required to show cause why he or she should not be held in contempt for failing to comply; that exposes the nonconforming party to being found in contempt of court, and for contempt the court has to power to enforce through incarceration of the wrongdoer.

Of course, like any written contract, changes to the contract can be made before or after it is incorporated in a divorce order, whether by agreement of the parties or by order of a court upon application of one of the parties.

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Answered on 11/25/13, 12:43 pm

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