Burke, Virginia · Property Settlement Agreements
Most property settlement agreements list who gets what. The ones that hold up do something more: they plan for what happens if a payment stops, a refinance stalls, or a debt goes unpaid. The clauses people skip are exactly the ones that cost the most later. Let me show you the terms Burke couples leave out, and why each one matters.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on the protective terms inside a property settlement agreement.
Securing support, in case something happens
If your agreement relies on your spouse paying support or a buyout over time, ask what happens if that person dies or becomes unable to pay. A life insurance clause, naming you as beneficiary for as long as the obligation lasts, turns a promise into something you can count on. Without it, the income can simply stop, and there is nothing left to collect against.
Deadlines with teeth
“My spouse will refinance the house” is not a plan unless the agreement says by when, and what happens if it does not happen. A real clause sets a date and a consequence: refinance by a certain month, or the home goes on the market. The same goes for transferring a car title, dividing an account, or paying a sum. A deadline without a consequence is a suggestion.
A Word About “Hold Harmless”
When your spouse agrees to pay a joint debt, a hold-harmless clause says they must cover it and repay you if you ever get stuck with it. It is worth having. But understand its limit: it gives you a claim against your former spouse, it does not remove your name from the loan. The creditor can still come after you, and your remedy is then to enforce the clause. Only refinancing or paying off the debt actually gets you off it.
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Who prepares the retirement order, and when
Dividing a retirement account takes a separate order after the divorce, and agreements routinely forget to say who drafts it, who pays for it, and by when. Months or years can pass, and accounts move in the meantime. Name the responsible spouse, set a deadline, and say how the cost is shared, so the division actually gets done. For how those orders work, see our retirement account division page.
A way to settle disputes
Even good agreements hit disagreements. A clause that sets out how disputes are handled, and whether the spouse who breaks the agreement pays the other’s attorney fees to enforce it, changes the incentives. It makes compliance the cheaper choice. For the broader picture of what belongs in the document, see our property settlement agreements page.
Why it sticks once signed
A written, signed agreement is enforceable under Va. Code § 20-155, and once the court affirms, ratifies, and incorporates it into the decree under Va. Code § 20-109.1, it is enforceable as a court order too. That permanence is exactly why the protective clauses belong in the document before you sign, not in a wish afterward. A Burke divorce is filed in the Fairfax Circuit Court, 4110 Chain Bridge Road, City of Fairfax.
“The expensive disputes are almost never about what the agreement said. They are about what it forgot to say.“
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three terms are worth checking before you sign a Burke agreement. First, if anyone pays support or a buyout over time, secure it with life insurance for as long as the obligation runs. Second, give every deadline a consequence, so a missed refinance or transfer has a built-in answer. Third, for each retirement account, say who prepares the dividing order, by when, and who pays, because that detail is the one most often left blank.
Plan for the day someone does not follow the agreement. That is what the clauses are for.
Authoritative References
Sources
- Code of Virginia, § 20-155. Marital agreements are enforceable when in writing and signed by both spouses. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-109.1. A court may affirm, ratify, and incorporate the agreement into the decree, making it enforceable as a court order. law.lis.virginia.gov/vacode/title20
- Fairfax County Circuit Court. Divorce filing for the 19th Judicial Circuit, serving Burke. fairfaxcounty.gov/circuit
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
Why include life insurance in a settlement agreement?
Because support and buyout payments stop if the paying spouse dies or cannot pay. A clause requiring that spouse to keep life insurance, with you as beneficiary for as long as the obligation lasts, secures the money you were promised. Without it, an obligation that was meant to support you for years can vanish, leaving nothing to collect against.
Does a hold-harmless clause remove me from a joint debt?
No. A hold-harmless or indemnification clause requires your former spouse to pay the debt and repay you if you get stuck with it, which gives you a claim against them. It does not remove your name from the loan, so the creditor can still pursue you. Only refinancing or paying off the debt actually ends your liability to the lender.
What should a refinance deadline say?
It should give a specific date and a consequence if the deadline is missed, such as putting the home up for sale. An open-ended promise to refinance “soon” leaves you exposed on a loan you no longer control. A dated clause with a clear fallback keeps the plan from stalling and protects your credit and borrowing ability.
Who is responsible for the retirement dividing order?
Whoever the agreement names, which is why it should name someone. A good clause states which spouse prepares the order, by what deadline, and how the cost is split. Leaving it blank is how divisions sit undone for months or years while account balances change, so spelling out responsibility protects the share you bargained for.
Can the agreement make my spouse pay my legal fees if they break it?
Yes. Many agreements include a clause shifting attorney fees to the spouse who fails to follow the agreement and forces the other to enforce it. That changes the incentives and tends to encourage compliance. Pairing it with a clear method for resolving disputes makes the whole agreement easier and cheaper to enforce.
When You Are Ready
Let’s make sure your Burke agreement leaves no gaps.
Tell me what your draft covers, and I will help you spot the protective terms it is missing. The first call is a conversation, not a commitment.