Common Issues of Virginia Marital Agreements

The paramount motivation for entering into a Virginia marital agreement is to have both parties in complete agreement during their marriage concerning their respective rights, and what the potential repercussions of certain financial decisions will be.

Parties are motivated to enter into marital agreements so that they are well aware that if the relationship, for whatever reason, does not work out, there will not be a protracted and expensive litigation in connection with the divorce. To best understand both the benefits and repercussions of Virginia marital agreements, an individual should not hesitate before contacting a marital agreement lawyer in Virginia as soon as possible.

Unintentional Repercussions

If one person is more in favor of a Virginia marital agreement than the other, it can create some negative emotions because if the parties are entering into a marital agreement, they are already married.

Some agreements are entered into expecting a certain course of life, e.g., a marital agreement that neither party will ask for spousal support. Then one party is severely injured and disabled, and not able to work. In a case like that, that party would still bound by the agreement that there will be no alimony.

That is an unintentional situation the parties obviously had no idea or expectation to plan for. To avoid such unintentional repercussions of a Virginia marital agreement, it is crucial that an individual contact an attorney as soon as possible.

Creating Conflict

If one spouse asks the other to enter into a marital agreement, they are going to be asked why. Part of the motivation for doing that in every case is in the event of divorce, they do not want to make the separation both messy and expensive in court.

That can result in hurt feelings and the person on the receiving end of such a request would take it as a suggestion that the marriage is going to fail. That alone can create some conflict within the marriage. Such repercussions of Virginia marital agreements can be best mended using an attorney.

Purpose of the Agreement

A possible repercussion of a marital agreement in Virginia is that the spouse being asked to comply with the process may think that the person requesting the agreement wants a divorce or is in an extramarital relationship and is trying to lay a foundation for a divorce.

A marital agreement serves as an insurance policy giving the parties some certainty for their future. The person on the receiving end of the request almost always takes it as an indication that the spouse asking for the agreement believes that the marriage is going to fail.

Benefit of Working Together

To avoid any repercussions associated with Virginia marital agreements, each party should decide what their biggest concerns are if things were to go bad with their marriage.

If each party entering into an agreement adds their own protection clauses, each party will feel a bit better about having such an agreement. Consulting with a financial advisor, both in the context of a post-nuptial agreement and a settlement agreement would be beneficial to both parties.