The husband and wife acknowledge that each entered into this agreement in good faith, without undue coercion or influence. Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to seek independent advice before the agreement is signed. 2016 – Allen v. Allen, 66 Va. App. 586In the interpretation of a contract, the Tribunal assigns an appropriate meaning to the terms and terms of the contract and assumes that no word or clause is unnecessary. The court was not wrong to find that the short agreement of the parties, which provided that the husband “would not pursue a dissolution of the marriage for a period of twenty years”, did not prevent the husband from immediately seeking divorce. The contract, when read as a whole, indicated that the intention of the parties at the conclusion of the contract was to ensure that the women maintained health insurance coverage as part of the husband`s insurance plan provided by the employer, not that the husband was prevented from divorcing for twenty years. However, you can take steps to protect yourself and your children, as well as your property, as you separate from your spouse and ask for a divorce.
2009-Nervo v. Nervo, Va. Ct. of Appeals, Unpublished, No. 2809-08-3Trial court was wrong to find that the language contained in the parties` transaction agreement was not a precondition for the woman`s obligations under the agreement. The agreement required the woman to acquire the husband`s interest in a conjugal transaction within 90 days, “subject to final approval of her financing.” The agreement also obliged the woman to pay a deposit to the man on this purchase, and furthermore, provided that “the woman should not enter into the transaction, as expressly stated here, she… Deposit. The use of the term “subject” as a precondition for the obligation of the woman to acquire the property she finances. Its inability to obtain funding would thus relieve it of this obligation. “A precondition for the execution of an act or what happens after the contract agreement before the treaty comes into force.” De la Rosa Herrera v.
Martin, 49 Va. About 469 (2007). Moreover, the use of the concept of “as expressly stated” in the provision relating to the forfeiture of bail by the wife was sufficient for the same condition for obtaining the wife`s financing to be included in the forfeiture provision. Thus, the woman`s inability to obtain financing relieved both the obligation to purchase and the recovery of her surety.