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Tag Archives: Domestic Relations

Premarital agreement was unconscionable (access required)

Where the parties’ premarital agreement recited there had been full disclosure of their assets, when, in fact, the disclosure documents were left blank, husband cannot enforce the agreement because it is unconscionable. Husband’s undisclosed assets were more than $10 million ...

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Property settlement controls military pension division (access required)

Where defendant husband’s military pension does not include disability pay, Howell v. Howell, 137 S. Ct. 1400 (2017), is inapplicable, and the parties’ property settlement controls the pension division. Howell held that under federal law, a military retiree who opts ...

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Virginia Court of Appeals – Unpublished decisions affirmed per curiam (access required)

Domestic Relations The appellant forfeited her appeal of the trial court’s award of attorney fees to appellee because she did not include a transcript or statement of facts for the hearing on the matter. A transcript is indispensable to resolve ...

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Parties’ military pension division agreement upheld (access required)

Where the parties agreed on a division of husband’s military pension, including indemnification provisions if husband breached his agreement not to do anything to defeat wife’s share, the court’s approval of the agreement does not run afoul of Howell v. ...

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Parol evidence defines meaning of shareholder distribution in PSA (access required)

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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Wife’s relationship with boyfriend was not marriage (access required)

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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Stock properly classified for lump sum support award (access required)

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded ...

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