It is a common practice for couples planning to be married to enter into prenuptial agreements. However, it is important that before entering into an agreement, you consult with an experienced Virginia prenuptial agreement lawyer to ensure that you are aware of your rights in the transaction and that your rights are adequately protected. NoVa law provides certain limitations on prenups, and compliance with the requirements is necessary to create a legally binding agreement.
State law provides certain limitations on prenuptial agreements, and compliance with the requirements is necessary to create a legally binding agreement. Therefore to ensure your agreement is adequate consult with a marital contracts attorney today.
Prenuptial Agreements Considerations in NoVa
Prenuptial agreements, also referred to as premarital agreements, are valid and enforceable in Virginia, with certain limitations. Virginia Code requires that a prenuptial agreement be entered into voluntarily by both parties and that it be in writing and signed by both parties. Prenups can contain the following provisions:
- The rights and obligations of the property of the parties, whether acquired before or during marriage
- How the property of each party will be distributed upon divorce or the death of either party
- Spousal support provided by either party
- Terms pertaining to the creation of wills or trusts
- Any other matter that is not illegal or in violation of the public policy of Virginia
In some circumstances, courts will not enforce a prenuptial contract. For instance, if the marriage itself was void, the courts may not enforce all the terms in the contract. Additionally, if a party fails to provide their partner with a full disclosure their financial assets and property, the prenuptial agreement will not be enforced.
Benefits of a Prenup Attorney
Seasoned lawyers in Virginia have extensive experience with prenuptial agreements. The services offered include:
- Legal representative at negotiation conferences in the creation of an agreement
- Assessment of financial positions of the parties and property owned by the parties to determine appropriate terms
- Advisement of the legal repercussions of the provisions of an agreement
- Assessment of the legal validity of an existing agreement
- Assistance with the enforcement of an existing agreement
- Assistance with challenging an existing agreement
There are several situations in which a prenuptial agreement may be important to consider. If one or both of the spouses have children from a prior relationship, a prenuptial contract can help to protect the children from the prior relationship in the event of the death of their parent. If a Virginia individual has children from a prior relationship upon entering into a marriage, it can be important to secure certain financial rights through a prenup in order to protect them with the help of a NoVa attorney.
Contact a Virginia Prenuptial Agreement Attorney
Proper execution and adherence to the formalities of creating a prenuptial contract is imperative to ensure your agreement will be valid and legally binding. An experienced Virginia prenuptial agreement lawyer will ensure that all required formalities are fulfilled in the creation of your agreement, giving you peace of mind and ensuring that your rights are protected. Additionally, if you wish to challenge the enforcement of an existing agreement, a skilled attorney will provide you with a full case assessment to determine the strength of your case.
If you wish to enforce an already-existing agreement, our team can work diligently to pursue the full enforcement of your agreement. Regardless of your needs, a prenup lawyer in NoVa will advocate zealously on your behalf.