Virginia Marital Agreements Lawyer

Marital agreements, also known as prenuptial and postnuptial contracts, are designed to determine how financial and property matters will be resolved in the event of a marriage dissolution. This could be due to divorce or the death of one spouse, in which case it will address inheritance rights.

Legal guidance is crucial if you are considering entering a contract either prior to or during your marriage. An experienced Virginia marital agreements lawyer at Price Benowitz has the legal insight to protect your financial rights now and into the future.

Marital Agreements and Timing

Prenuptial and postnuptial contracts are both marital agreements. The difference between the two is in the timing.

Prenuptial Agreements

Prenups are created before marriage. The partners agree on terms and sign a contract prior to the ceremony, and it only becomes binding once they are legally married. The agreement will not take effect if they do not proceed with the marriage.

Postnuptial Agreements

Postnups are created during marriage and become legally binding upon signing. With the help of a trusted prenup and postnup attorney, an agreement that fully protects the rights of both partners in Virginia can be ensured.

Are Marital Agreements Enforceable?

There are exacting state requirements that must be met for a marital agreement to be legally enforceable. These include:

• The contract must be in writing
• The contract must be signed by both spouses
• Each spouse must have disclosed their full range of assets and debts
• The contract must be entered voluntarily and without coercion
• The terms included in the contract must be reasonable and fair to both sides

The terms addressed can only include the division of marital property and spousal support.

The Division of Marital Property

Marital property refers to everything that either spouse or both spouses together came to own over the course of their marriage. State law requires that, in the event of divorce, these assets be divided in a manner that is considered fair and just. Each situation is unique, and this may not necessarily lead to an equal division of property.

Separate property refers to any assets that either spouse owned prior to marriage and kept separate during the union. The line between separate and marital property may weaken over the course of a marriage, and previously agreed-upon arrangements can help clearly outline the ownership of assets upon divorce.

Spousal Support

Prenups and postnups can also spell out terms for future spousal support. The state generally reserves spousal support for cases in which there is a significant discrepancy between each partner’s earnings.

Spousal maintenance arrangements can create fair terms on both sides, helping to reduce tension during divorce proceedings. Financial matters have the capacity to become emotionally charged, and a seasoned Virginia lawyer can create a marital contract that relieves this stress.

Terms That Cannot Be Included

Child support and child custody arrangements cannot be included in marital agreements. These matters must be based on the children’s best interests at the time, so they cannot be resolved in advance. The court may uphold previously agreed child support terms only if they meet or exceed the obligation set by the state.

Reach Out to an Experienced Marital Agreements Attorney in Virginia

A trusted Virginia marital agreements lawyer at Price Benowitz can protect your financial rights with a well-considered and well-crafted prenuptial or postnuptial contract. By acting early, you can help strengthen your marriage by reducing the anxiety associated with an unknown future.

Learn more today by contacting us online or calling to schedule a free case evaluation.