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Separation Agreement & Divorce – VA Lawyers

If you are concerned about a Separation Agreement & Divorce In VA, contact our law firm immediately for help.

Separation Agreement & Divorce – VA

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.

Oliver v. Oliver

Facts:

Plaintiff wife appealed a judgment of the Hanover Circuit Court (Virginia), which granted the wife and defendant husband a divorce and which incorporated into the decree the parties’ separation agreement. The trial court did not find the separation agreement unconscionable under Va. Code Ann. § 20-151.

If you are facing a divorce case in Hanover, 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:
  • The party challenging a separation agreement bears the burden of proving by clear and convincing evidence thatthe separation agreement is invalid. The appellate court reviews the evidence in the light most favorable to the prevailing party.
  • “Constructive fraud” is a breach of legal or equitable duty which, irrespective of moral guilt, is declared bylaw to be fraudulent because of its tendency to deceive others or to violate confidence. It is generally determined by reviewing the conduct of the parties in relation to their legal and equitable duties to one another.
  • Whereas fraud relates to the parties’ conduct, unconscionability is more concerned with the intrinsic fairness ofthe terms of the agreement in relation to all attendant circumstances, including the relationship and duties between the parties. If inadequacy of price or inequality in value is the only indicia of unconscionability, the case must be extreme to justify equitable relief.

Separation Agreement & Divorce – VA

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.

Article written by A Sris
Sris Law Group
1-434-509-4004

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