2004 – Smith v. Smith. 43 Va. App. 279 The Devirginia courts resolve breaches of contract in one out of three ways. First, in the absence of a patent or latent ambiguities, a court should impose the clear meaning of the contractual language without having to resort to extrinsic evidence. Second, in cases of ambiguity, a court should nevertheless enforce the treaty where the real importance of the ambiguous provision of extrinsic evidence is discernible. Although the interpretation of the intent of the provision was not binding on both parties, it should have been given considerable weight. 2015-Everett v. Carome, 65 Va. App. 177The court erred in refusing to allow evidence concerning the terms of a settlement agreement where its interpretation of the agreement gave rise to ambiguities, with the result that the agreement in some way infringed the case-law in force.

A separation agreement is a legal document that binds you for many years and determines your rights, duties and responsibilities arising from your marriage. You and your spouse can change the agreement if you both agree to the amendments; or it may be amended by a court order, unless the agreement expressly specifies that the agreement is not subject to a change of jurisdiction. Nevertheless, the court may amend the provisions of an agreement on the custody and custody of minor children at any time. . . .

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