This section of your EPI describes the distribution and distribution of all marital goods. In the event of a divorce, the term “property” includes all assets: real estate, automobile, bank accounts, investment accounts, stocks and bonds, businesses, antiques and collectibles, furniture, works of art, tools, etc. This section also describes all the characteristics defined by the parties as distinct (for example. B non-marriage). In Virginia, the separate property is not divisible by the court, but the parties may decide otherwise. This section also explains how the parties` debts are managed during separation and after divorce. 2015—Miller v. Green, Va. Ct. of Appeals, Unpublished, No. 1993-14-3The court erred when it was able to ratify the spouse`s unilateral decision to terminate his obligation to assist spouses under the parties` real estate transaction contract (“PSA”) before filing his application for an amendment to the assistance. A provision of the contract can only be executed by itself if the triggering event is empirically determined, for example.
B a specific date, reaching a certain age or death. On the other hand, provisions that require subjective findings, such as the credibility of the evidence, interpretation or evidence, cannot be self-interpretive. In this case, the parties` EPI provided that the husband`s marriage obligation ended with “clear and convincing evidence” that the wife “usually has been living with another person for a year or more in a relationship corresponding to a marriage.” The term “cohabitation” and the term “marriage-like relationship,” used at the same time as a recognized standard of legal evidence, indicate that the EPI required judicial interpretation. The clear and convincing charge is not met by convincing oneself, but by convincing a court. If the contractual terms are clear and unequivocal, the contract must be interpreted in terms of its clear meaning. “A contract is not ambiguous simply because the parties do not agree on the meaning of the terms used.” 2005-Vilseck v. Vilseck, 45 Va. App. 581 If it is necessary to consider extrinsious evidence, the appels courts consider the judicial interpretations of the contractual texts of de novo, because the court has the same opportunity to consider the words in the four corners of the provision at issue. Virginia`s law resolves contractual whims in one of three ways: first, in the absence of patents or latent ambiguities, a court should impose the clear meaning of contractual language without resorting to extrinsic evidence.