If your ex refuses to sign the marriage contract, you`ll probably be tried. Filing this petition requires only one signature, which means you can initiate divorce proceedings, even if your ex refuses to cooperate. You can also file your consent in an approval order (Supreme Court Form F33 or Provincial Form 20, also known as the final family order). You can use a separation agreement if you and your ex-partner are considering divorce or breaking up your life partnership, but they have not decided to separate. If you have dependent children, you must attach your consent to one of the sworn insurances you submit to the court as part of your divorce application. You have more choice about what you put into an agreement than in a court order: It is always advisable to have your separation contract established by a lawyer or, if possible, to be checked by a lawyer. Decisions made in the agreement can have a significant impact on your future and that of your children. Therefore, it would be best to consider consulting an experienced family lawyer. It can give you a step-by-step guide that will help you develop your separation agreement. Marriage contracts (clean break contracts) are faster and cheaper than aid relief, but the former will depend a lot on the cooperation of your ex-spouse. You and your spouse can agree to change your agreement whenever you want.
See How to change an agreement? to learn more about how to do it. If you do not have a dependent child, you do not need to include your consent in your divorce application. In this way, you even have the option of holding a hearing, where you can request temporary assistance for children and spouses, an arrangement that gives you exclusive possession of the house, temporary restraining orders and much more. We can take the time to discuss your options, given the specific circumstances in your case, but you should certainly be aware in advance that he will probably say things to make you angry. He doesn`t say it because he knows something about the law, but because he knows exactly what`s going to shake you to the bone. Don`t believe it. Or at least, don`t just speak blindly for it. Work with a licensed and experienced Virginia divorce lawyer who can help you come up with a tailored strategy. Whether you first issue a separation agreement or want to file for divorce, you have options. It is not for him to dictate the terms of your divorce. They have rights, and we will help you protect them.
For more information or to make an appointment with one of our licensed and experienced Virginia divorce and custody lawyers, call our office at (757) 425-5200. Before discussing “What happens if the spouse refuses to sign the separation agreement.” We would like to issue a word of warning that neither party should compel the other party to sign the agreement, as any form of coercion, manipulation, emotional threats or encouragement to waive independent legal advice by a separate lawyer or physical abuse, or any inappropriate attempt to induce a spouse to sign a separation agreement may lead to the inapplicability of the separation agreement.