DOMESTIC RELATIONS

Question 1

Hank and Wanda have been married for nine years. Wanda, suspecting that Hank was having an affair, has filed for a fault-based divorce. Hank admits to the affair in court. Hank is also seeking spousal support. What level of proof must Hank meet with respect to the parties’ fault and economic situation before a Virginia court may award him spousal support?

Answer 1

Clear and convincing evidence

Question 2

Fiona and Frederick were engaged to be married. Frederick, a multi-millionaire, insisted, as a condition of getting married, that Fiona, also a millionaire, agree to a lump-sum payment of $ 1 million in lieu of the division of marital property or spousal support in the event the parties ever divorced. If the parties sign such an agreement, is the agreement enforceable in Virginia?

Answer 2

Yes, if there was fair and reasonable disclosure of the financial situations of the parties and the parties voluntarily entered into the agreement.