
When it comes to family law matters, the best time to resolve disputes is before they arise—and the best way to do that is often with a prenuptial agreement, or prenup. Contrary to common belief, having a prenup doesn’t mean that you are planning to divorce. In fact, in many ways, a prenuptial agreement creates a solid foundation for a successful marriage, because it means that you and your intended spouse have identified and discussed potential issues, and reached a reasoned agreement about how you want to resolve them.
Speaking with a prenup lawyer and putting an agreement in place helps you enter your new marriage with confidence and with your eyes wide open. Contact Premier Family Law Group to schedule a consultation and get your marriage started out on the right foot.
In Virginia, prenuptial agreements are primarily used to address financial issues that could arise upon divorce or on the death of one spouse, such as:
While prenuptial agreements can anticipate and address many issues, there are some things that cannot be resolved in a Virginia prenup, like child custody and child support. Resolutions to those issues must be based on what is in the best interest of the child.
A Virginia prenuptial agreement must comply with the terms of the Uniform Premarital Agreement Act (UPAA). In order for a prenuptial agreement to be valid, it must be written and executed voluntarily by both parties before the marriage. The terms of the agreement must be fair and reasonable at the time it is signed, and each party should make a full disclosure of their financial situation before signing, including assets, debt, and income. The agreement becomes effective upon the marriage, and the spouses can revoke or amend the agreement in writing after the marriage.
The process involved in negotiating and drafting a prenuptial agreement can benefit any couple; financial disagreements are one of the leading causes of divorce, so it is worth being proactive to prevent those conflicts.
That said, while most engaged couples can benefit from creating a prenup, these agreements are especially helpful for people in certain situations, like:
If you think creating a prenuptial agreement would be a good idea for you and your partner, or your partner has suggested one, speak to a Virginia prenup lawyer about your options.
An experienced prenup lawyer can help you at every phase of the process, from how to bring up the sensitive subject of a prenup with a partner, to negotiating, drafting, reviewing, and executing an agreement.
While both parties to a prenup are not required to have their own attorneys, it is recommended that they do. Having legal representation helps to ensure that both parties to the agreement fully understands their legal rights and obligations, and reduces the likelihood of a later challenge to the agreement.
Marriages evolve over time, and should you decide at some point that your agreement needs to be updated or revoked, Premier Family Law Group can help you with those changes. Similarly, if you didn’t get around to creating an agreement before marriage but still want to do so afterward, we can work with you on the creation of a postnuptial agreement.
Hopefully, you will never need to put your prenup into action, or to legally challenge its terms. If you do, attorneys Kristina Cruz and David Zangrilli are experienced litigators who are well-prepared to argue for your interests in court if necessary.
To learn more about prenuptial agreements in Virginia, or to create, revise, challenge or enforce one, contact Premier Family Law Group to schedule a consultation. 571-336-5263
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