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 family lawyer can assist in everything from negotiation to preparing you for what to expect. To ensure that your situation is properly handled, consult with a family law attorney in Virginia as soon as possible.
Virginia 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 Virginia, the terms permitted in a postnuptial agreement 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, and 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.
In most cases, as with prenuptial agreements, postnuptial agreements must be in writing and signed by both parties to be enforceable.
Benefits of a Postnuptial Agreement Lawyer
Experienced Virginia family attorneys provide the following services related to postnuptial agreements:
- Assessment of the legal validity of existing postnuptial and prenuptial agreements
- Negotiation and drafting services in the creation of a postnuptial 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 postnuptial agreement
- Assessment of whether an already-existing postnuptial agreement may be challenged or invalidated
How a Postnuptial Agreement Lawyer Can Help
Complying with the requirements imposed by Virginia 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 postnuptial agreements and with drafting language to ensure clear interpretation of terms to avoid vague language which can cause a term or an entire agreement to fail. Consult with a skilled Virginia attorney as soon as possible to learn more about how to protect your rights.