A postnuptial agreement is an agreement executed by the parties after the marriage has occurred. Postnuptial agreements can be helpful in the cases of parties who have been previously married and have minor children going into the marriage or in cases where somebody is coming into the marriage with a substantial amount of separate property.
If the parties did not execute a prenuptial agreement prior to the marriage then it is always a good idea for those parties to consider executing a postnuptial agreement after the marriage for the same reason as a person would want to have a prenuptial agreement. A dedicated Loudoun County postnuptial attorney can be incredibly useful in helping someone prepare for what to expect and ensure that all terms of an agreement are understood. To discuss your options regarding postnuptial agreements, consult with a family law attorney in Loudoun County.
A postnuptial agreement can contain as much or as little as the parties want it to in terms of issues being determined. As would a prenuptial agreement, a postnuptial agreement has to be in writing and signed by the parties, and it is important for there to be a neutral and complete financial disclosure between the parties before it is signed.
Beyond that, it is up to the parties how much or how little they want to put into the agreement. If they want all issues that they can envision arising in the divorce to be addressed, then all of those issues can be addressed in the postnuptial agreement. Sometimes parties want a postnuptial agreement simply to address one specific issue and they can do that as well. An independent postnuptial agreement attorney in Loudon County can assist in determining what to include.
A mediator will be recommended in cases where there is one or more issue that the parties want to resolve but are unable to do so by agreement. When there is an issue that the parties cannot agree on between themselves, they have the ability to bring in a mediator who is a mutual third party to help them come to a compromise with respect to the issue that that is in dispute. If the mediator is able to help them agree on terms, then those terms can be put into the postnuptial agreement.
It is important to understand that the mediator is not allowed to give legal advice to either party. Additionally, the mediator cannot force the resolution, so if the parties go to mediation and they cannot come to an agreement as to the specific issue with the dispute, then the issue is not resolved. An experienced Loudoun County postnuptial agreement attorney will then be able to give legal advice in addition to coming to a resolution.
Benefit of an Agreement
A Loudoun County postnuptial agreement attorney can advise a person looking to enter into a postnuptial agreement regarding what their potential rights would be in regards to financial support, the division of assets, and separation of debts within the context of the agreement and within the context of the law.
Postnuptial agreements are a good option for individuals in Virginia because people understand that litigating a divorce is an expensive experience, both financially and emotionally, and coming to an agreement to resolve any issues that could arise in a divorce is an important step to take to protect an individual’s’ rights and assets.