The decision to enter into a postnuptial agreement with your spouse can be a difficult decision to make. Let an experienced Virginia postnuptial agreement lawyer help you with your situation to ensure you have all the necessary information the make the best decision for you and for your marriage. An experienced marital agreement attorney can assist in everything from negotiation to preparing you for what to expect. To ensure that your situation is properly handled, consult legal counsel in NoVa as soon as possible.
Postnuptial Contract Laws According to State Law
State law allows married couples to enter into contracts called postnuptial agreements under Virginia Code § 20-155. Essentially, a postnuptial agreement is similar to a prenuptial agreement, but it is one that is created after the marriage occurs as opposed to before. In NoVa, the terms permitted in a postnuptial contracts are the same as those allowed in a premarital agreement, including:
- Spousal support provided by either party
- The disposition of the assets of the couple in the event of a divorce
- The rights of and the obligations to the property of either party
- Provisions regarding wills and trusts of the parties
- Any legal term which does not violate the public policy of Virginia
The most common scenarios where married couples enter into a postnuptial agreement include couples who did not execute a prenuptial agreement prior to marriage but wish to now. The other scenario is for couples who wish to amend or revoke an existing prenuptial agreement.
A postnuptial agreement can also be used when a spouse wishes to designate a beneficiary of their estate who is not their spouse (typically some other family member), or where one spouse enters into a partnership and wishes to protect the assets of the partnership from the other spouse in the event of a divorce. As a lawyer could further explain, in most Virginia cases, postnups must be in writing and signed by both parties to be enforceable.
Benefits of Having Legal Counsel
Experienced attorneys in Virginia provide the following services related to postnuptial contracts:
- Assessment of the legal validity of existing postnup and prenup agreements
- Negotiation and drafting services in the creation of the agreement
- Assessment of the financial assets and property of the parties as it relates to the prospective terms of the agreement
- Enforcement of an already-created post-marital agreement
Skilled counsel could also provide a thorough assessment of whether an already-existing postnuptial agreement may be challenged or invalidated.
A Virginia Postnuptial Agreement Attorney Can Help
Complying with the requirements imposed by state law is crucial to creating an enforceable postnuptial agreement. Additionally, clear and concise drafting of the will is essential for the agreement to be enforceable pursuant to the wishes of the parties. Virginia postnuptial agreement lawyers have extensive experience with the formalities of creating valid documents and avoiding vague language, which can cause a term or an entire agreement to fail. Consult with our team as soon as possible and learn more about how to protect your rights.