Lake Ridge, Virginia · Property Settlement Agreements
You sign a property settlement agreement, the divorce is final, and then what? Can the terms be changed later? Which ones are locked in for good? The answers turn on a few words in your decree, and most people never notice them. Let me explain how your agreement becomes part of the divorce and what that means for changing it down the road.
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 what happens to the agreement after the decree.
From contract to court order
A property settlement agreement is a binding contract once it is written and signed, under Va. Code § 20-155. When the divorce is finalized, the court can affirm, ratify, and incorporate it into the decree under Va. Code § 20-109.1. Incorporation is the step that gives the agreement real teeth, because once it is part of the decree, it is enforceable as a court order, not just a private contract.
“Incorporated but not merged”
You will often see the phrase “incorporated but not merged” in a decree. In plain terms, it means the agreement keeps its life as a contract and also becomes enforceable as a court order. That dual status matters, because it gives you two ways to enforce the terms if your former spouse does not follow them. For what a complete agreement contains, see our property settlement agreements page.
A Word About What Is Final
Not every term is equal once the ink dries. Property division is generally final and cannot be reopened, so a split you regret is usually permanent. Child support and custody remain changeable when circumstances change, because they protect the children. Spousal support depends on what your agreement says. Knowing which bucket each term falls into before you sign is the whole game.
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What can change, and what cannot
Property division is the permanent one. Once the marital estate is divided in the decree, you generally cannot go back and re-divide it because you wish you had asked for more. Child support and custody are different, the court keeps the power to modify them when a material change in circumstances affects the children. Spousal support sits in between: whether it can be modified often depends on whether your agreement made it modifiable or fixed it as non-modifiable. That single drafting choice can matter for years.
Where a Lake Ridge case is filed
A Lake Ridge divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas. That is the court that enters the decree and incorporates your agreement into it.
“People treat the agreement like a formality. It is the opposite. The property terms are usually forever, so the time to get them right is before you sign.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three habits help in a Lake Ridge case. First, treat the property terms as permanent, because they almost always are, and negotiate them as if there is no second chance. Second, decide deliberately whether spousal support should be modifiable, since leaving it vague can lock in a result you did not intend. Third, make sure the decree incorporates the agreement, so you can enforce it as a court order if your former spouse falls short. Read the final language before you sign, not after.
Property is final, the children’s terms can change, and support depends on your words. Draft accordingly.
Authoritative References
Sources
- Code of Virginia, § 20-155. Marital agreements between spouses are enforceable when in writing and signed by both parties. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-109.1. Affirmation, ratification, and incorporation of a marital agreement into the decree of divorce. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Lake Ridge. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
What does it mean for an agreement to be incorporated into the decree?
It means the court adopts your property settlement agreement as part of the final divorce decree under Va. Code § 20-109.1. Once incorporated, the agreement is enforceable as a court order, not only as a private contract. That gives the terms more force, because violating them can be treated as violating a court order.
What does “incorporated but not merged” mean?
It means the agreement keeps its identity as a contract while also becoming enforceable as a court order. The practical benefit is that you have two routes to enforce the terms if your former spouse does not comply. The phrase appears in many Virginia decrees, and it generally works in your favor by preserving both forms of enforcement.
Can I change the property division after the divorce?
Generally no. Once the marital property is divided in the decree, that division is final and cannot be reopened simply because you wish you had negotiated differently. This is why the property terms deserve careful thought before signing, there is usually no second chance to re-divide the estate later.
Can child support or custody be changed later?
Yes. Courts keep the power to modify child support and custody when there is a material change in circumstances affecting the children, because those terms exist to protect the child, not to lock the parents in. So unlike property division, the children’s arrangements can be revisited as life changes, such as a move, a job change, or the children’s evolving needs.
Can spousal support be modified?
It depends on your agreement. Spouses can make spousal support modifiable or fix it as non-modifiable, and that choice controls later. Because the wording determines whether you can ever adjust support if incomes or circumstances change, it is one of the most important drafting decisions in the agreement, and one worth deciding deliberately rather than by default.
When You Are Ready
Let’s get your Lake Ridge agreement right before you sign.
Tell me what your agreement says, and I will help you understand which terms are final and which you can still shape. The first call is a conversation, not a commitment.