Charlottesville Divorce Lawyer Rob Hagy

Husband Mentally Incompetent to Execute Marital Agreement

In the case of Bailey v. Bailey, the Virginia Court of Appeals, in a published opinion, ruled that a trial court correctly refused to enforce a marital agreement purporting to transfer all marital assets to wife and all marital debts to husband upon divorce.  The husband - a schizoaffective psychotic on weekend furlough from a psychiatric ward of a hospital - lacked the requisite mental competence to execute the agreement. 

Court Properly Refuses to Incorporate a Property Settlement Agreement

In the case of Doering v. Doering, the Virginia Court of Appeals, in a published opinion, ruled that a trial court properly refused to incorporate a property settlement agreement, contrary to wife's request.  Pursuant to Virginia law, Code Section 20-109.1, the court has the discretion to incorporate a property settlement (or separation agreement).  The court is not required to incorporate an agreement.  Wife wanted to incorporate the agreement because the spousal and child support provisions were very favorable to her.  The husband's financial situation had deteriorated to such an extent and husband was doing as much as he could to maintain his financial situation.  Even though the court did not incorporate the agreement and its favorable spousal and child support obligations, the court could, because the same agreement allowed it to do so, modify and reduce the spousal and child support obligations without incorporating the agreement.