Any grant of periodic support is considered to be ordered by a court and is subsequently amended, unless there is an explicit, well-expressed, clear, clear and unequivocal provision set out in the separation agreement or divorce decision authorized by the court. If the parties and the court want to do something other than grant periodic court-ordered payments for support or support and child support, which are enforceable out of contempt and subject to a change by the court, the parties must expressly define the different conditions to which they consent and the court must expressly declare its agreement. In re Estate of Hereford, 162 W. Va. 477, 250 S.E.2d 45 (1978). Couples who want to separate can negotiate separation agreements. A separation agreement is an enforceable contract between spouses that covers the terms of separation, including the division of assets and liabilities, marital and child care and visitation. In the event of a divorce, a West Virginia judge inserts the terms of the agreement into a divorce decree, provided it is fair and appropriate for both spouses. “Association agreement” or “marriage contract” means an agreement between a man and a woman before marriage, but in contemplation and, more generally, taking into account marriage, which determines the property rights and interests of the future husband and wife or two, or whether the property of one or both persons , their separate estate or their children or others is guaranteed.
An antenuptial agreement may contain provisions defining the respective property rights of the parties during the marriage or after the death of one or both parties. The agreement may provide for the transfer of marital property in the event of annulment of marriage or divorce or separation of the parties. The marriage agreement is void if, at the time of the agreement, one of the parties is minor. If the parties enter into a separation agreement that will be added to the divorce order at a later date, a subsequent amendment can only be avoided by clear, clear and unambitious language to that effect. See W. Va. Code, 48-2-16 (a). “Separation” or “separation of parts” refers to the uninterrupted separation of man and woman during an uninterrupted period during which they do not cohabit as husbands and wives or otherwise cohabit. Where a separation is required as a predicate for the filing of an action under this section, the separation must continue until the filing date.
(3) property acquired by a person during the marriage, but which is excluded from treatment as marital property by a valid agreement of the parties before or during the marriage period; (1) the nature of the particular case or claim that underlies the agreement; 3. A “legal separation” is also a good reason to enter into a separation agreement. Legal separations are not very popular in West Virginia (most lawyers in West Virginia don`t even do so). The separation procedure is very similar to a divorce, so rare is the first option. If you`re considering a separation from the law, here are some of the West Virginia separation laws: for a couple who are aware of an impending divorce, but who just want to wait or prepare, they can separate for a year. The separate agreement is important in this regard because it controls the terms of separation.