Any court may affirm, ratify and incorporate by reference in its decree dissolving a marriage or decree of divorce whether from the bond of matrimony or from bed and board, or by a separate decree prior to or subsequent to such decree, or in a decree entered in a suit for annulment or separate maintenance, and in a proceeding arising under subsection A 3 or L of § 16.1-241, any valid agreement between the parties, or provisions thereof, concerning the conditions of the maintenance of the parties, or either of them and the care, custody and maintenance of their minor children, or establishing or imposing any other condition or consideration, monetary or nonmonetary. Provisions in such agreements for the modification of child support shall be valid and enforceable. Unless otherwise provided for in such agreement or decree incorporating such agreement, such future modifications shall not require a subsequent court decree. This section shall be subject to the provisions of § 20-108. Where the court affirms, ratifies and incorporates by reference in its decree such agreement or provision thereof, it shall be deemed for all purposes to be a term of the decree, and enforceable in the same manner as any provision of such decree. The provisions of this section shall apply to any decree hereinbefore or hereinafter entered affirming, ratifying and incorporating an agreement as provided herein. Upon the death or remarriage of the spouse receiving support, spousal support shall terminate unless otherwise provided by stipulation or contract. In any case where jurisdiction is obtained over a nonresident defendant by order of publication or by acceptance of service pursuant to § 20-99.1:1, any properly acknowledged and otherwise valid agreement entered into between the parties may be affirmed, ratified and incorporated as provided in this section.
1970, c. 501; 1972, c. 482; 1978, c. 746; 1979, c. 659; 1982, c. 312; 1987, c. 424; 1996, c. 331; 2003, c. 260.
Notes of Decisions
Cited in
227
cases (
12 in the last 5 years), 1970–2025 · leading case:
Shoup v. Shoup, 556 S.E.2d 783 (Va. Ct. App. 2001).
Shoup v. Shoup, 556 S.E.2d 783 (Va. Ct. App. 2001).
· cites it 32× “In resolving the issues in the case before us, it is important to understand how the principles that govern the court's jurisdiction to enter child support awards impact the parties' right to reach agreement on the issue.”
Arthur G. Kahn v. Eileen McNicholas, 795 S.E.2d 485 (Va. Ct. App. 2017).
· cites it 22× “In light of this unique context, two statutes addressing the consequences of the dissolution of a marriage, Code §§ 20-109.1 and 20-107.3, provide circuit courts with the authority to enforce monetary awards through their contempt power.”
Rogers v. Damron, 479 S.E.2d 540 (Va. Ct. App. 1997).
· cites it 28× “3 Husband argues that the plain meaning of Code § 20-109.1 in 1981 divested the trial court of its subject matter jurisdiction to incorporate settlement agreements after the decree of divorce became final.”
Fry v. Schwarting, 355 S.E.2d 342 (Va. Ct. App. 1987).
· cites it 12× “The court refused to enforce the support provision because the agreement was not incorporated by reference into the decree in accordance with Code § 20-109.1. We disagree with the trial court’s ruling and reverse.”
Watkinson v. Henley, 409 S.E.2d 470 (Va. Ct. App. 1991).
· cites it 12× “” However, Code § 20-109.1 provides that “[a]ny court may affirm, ratify and incorporate by reference in its decree dissolving a marriage.”
Bandas v. Bandas, 430 S.E.2d 706 (Va. Ct. App. 1993).
· cites it 12× “" The parties further agreed that "either of them may submit to the court the decision of the arbitrator as a final and binding agreement between them as to the issues arbitrated, said agreement to be affirmed, ratified and incorporated by reference in an appropriate order or…”
Doering v. Doering, 676 S.E.2d 353 (Va. Ct. App. 2009).
· cites it 12× “Denial of Wife’s Motion to Incorporate PSA into Divorce Decree Wife argues the trial court erred in denying her request to incorporate the PSA into the final divorce decree pursuant to Code § 20-109.1. Code § 20-109.1 provides, in relevant part, as follows: Any court may affirm,…”
Rook v. Rook, 353 S.E.2d 756 (Va. 1987).
· cites it 6× “On April 16, 1982, the trial court granted an absolute divorce based on the one-year separation and incorporated the property settlement agreement into its decree pursuant to Code § 20-109.1. In October 1982, Lisbeth initiated a proceeding requiring Robert to show cause why he…”
Scott v. Scott, 408 S.E.2d 579 (Va. Ct. App. 1991).
· cites it 10× “Code § 20-109.1. “[PJublic policy favors prompt resolution of disputes concerning the maintenance and care of minor children and the property rights of the parties.”
Newman v. Newman, 593 S.E.2d 533 (Va. Ct. App. 2004).
· cites it 4× “The trial court, therefore, did not err in holding that the consent decree constitutes a "stipulation or contract" under Code § 20-109(C).”
Owney v. Owney, 379 S.E.2d 745 (Va. Ct. App. 1989).
· cites it 10× “” Code § 20-109.1. By virtue of its contempt powers, the circuit judge may then enforce the provisions of an agreement between the parties which is incorporated by reference into the decree.”
Shoup v. Shoup, 542 S.E.2d 9 (Va. Ct. App. 2001).
· cites it 16× “In pertinent part, Code § 20-109.1 provides as follows: Any court may affirm, ratify and incorporate by reference in its decree dissolving a marriage .”
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