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University of Richmond

Family Law

Smoot v. Smoot

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Full-Text Articles in Law

Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl Jan 1989

Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl

University of Richmond Law Review

In 1989, the Virginia General Assembly enacted significant legislation authorizing the creation of an experimental family court. The experimental program is an attempt to examine the unification of the circuit court and the juvenile and domestic relations district court's jurisdiction of divorce cases. The program's goals include the elimination of duplicate hearings, the savings of client costs, and the elimination of de novo appeals.


Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler Jan 1988

Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler

University of Richmond Law Review

In 1988, the Virginia General Assembly made two significant changes with respect to child support awards. First, the authority of the court has been extended so that the court may order support for a child over the age of eighteen who is still attending high school. In order to award support for a child who is no longer a minor, the child must be "(i) a full-time high school senior, (ii) not self-supporting and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of nineteen or graduates from high school, …


Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher Jan 1987

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher

University of Richmond Law Review

The Virginia Premarital Agreement Act applies to any premarital agreement executed on or after July 1, 1986. The Act basically allows the parties prior to marriage to contract regarding: (1) the right to manage and control property, whenever and wherever acquired or located; (2) the disposition of property upon separation, marital dissolution, divorce, death, or the occurrence or nonoccurrence of any other event; (3) spousal support; (4) the making of a will, trust, or other agreement; (5) life insurance ownership rights; (6) the choice of law governing the agreement; and (7) "any other matter, including their personal rights and obligations, …


Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher, Victoria Bucur Jan 1985

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher, Victoria Bucur

University of Richmond Law Review

Premarital agreements, or antenuptial contracts, are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property, or in each other's estate, by reason of their impending marriage. Traditionally, premarital agreements were made by widows, widowers, or divorced older people, who wished to retain control of property acquired in a prior marriage and, upon death, pass such property on to the children of that prior marriage.