Fairfax Prenuptial & Postnuptial Agreement Attorney

Helping Clients Protect Their Futures & Interests Throughout a Marriage

Marriages comprise a joint effort between two individuals to lead a productive and healthy life together. Before they join together in marriage, and even after marriage, it may make sense for couples to decide what will happen if the marriage comes to an end.

As long as the written prenuptial or postnuptial agreement complies with Virginia laws regarding written marital agreements and doesn’t violate public policy concerns, courts will generally honor them. If either or both partners bring substantial assets with them, a written prenuptial (before the marriage) or postnuptial (after the marriage) agreement can provide a smart way to allow you to take some control over what will happen to your assets if your marriage comes to an end.

For a Fairfax family law firm with over 50 years of combined legal acumen, turn to Keithley Law, PLLC to help you make the right decisions for your future.

Reach out to a Fairfax prenuptial and postnuptial agreement attorney for a consultation. Call (703) 454-5147 or contact us online to discuss your options and ensure your rights are protected.

What is a Prenuptial or Postnuptial Agreement in Virginia?

In Virginia, prenuptial and postnuptial agreements are legal contracts that can be crafted before or after marriage to address financial matters and other issues in the event of divorce, separation, or death. Although the terms are often similar, the key difference lies in the timing of the agreement.

Both types of agreements can be used to protect assets, clarify financial responsibilities, and set expectations in the case of a future divorce or death. However, there are distinct legal considerations for each type of agreement, and a Fairfax prenuptial and postnuptial agreement lawyer can guide individuals through the process to ensure their best interests are protected.

What are the Key Benefits of a Prenuptial and Postnuptial Agreement?

A well-drafted prenuptial or postnuptial agreement can offer numerous benefits. Some of the most significant advantages of these agreements include:

• Clarification of Financial Rights: Both parties can define how assets and debts will be divided if the marriage ends. This provides clear expectations and reduces the potential for conflict during a divorce.
• Asset Protection: In the event of a divorce, a prenuptial or postnuptial agreement can protect the assets that each party brings into the marriage. This is especially important for individuals with significant wealth, business interests, or family inheritances.
• Protection for Children from Previous Relationships: If either spouse has children from a previous marriage, these agreements can outline how assets will be distributed to ensure that children from prior relationships are taken care of.
• Debt Protection: Agreements can specify how any debts incurred before or during the marriage will be handled, which helps prevent one spouse from being unfairly burdened with debt.
• Avoiding Lengthy Divorce Proceedings: With an agreement in place, the terms for asset division and other important matters are already settled, potentially speeding up the divorce process and reducing the stress associated with it.

As a Fairfax prenuptial and postnuptial agreement lawyer, Keithley Law, PLLC takes a thorough approach to ensure that all aspects of an agreement align with Virginia law and the unique circumstances of each client.

How to Draft a Valid Prenuptial and Postnuptial Agreement in Virginia?

Virginia law recognizes prenuptial and postnuptial agreements as valid and enforceable contracts, provided they meet certain legal criteria. However, it is essential that the agreement is fair, transparent, and voluntarily entered into by both parties.

For an agreement to be enforceable in Virginia, it must:

• Be a written document signed by both parties before it can be enforceable in court.
• Enter into the agreement voluntarily, without coercion or undue pressure. Each spouse must have a clear understanding of the agreement’s terms.
• Provide full disclosure of their assets, debts, and financial obligations. Failure to disclose this information could result in the agreement being invalidated.
• Be fair and reasonable at the time it is signed. If one party can prove that the terms are overly one-sided or unconscionable, the agreement may not be enforceable.

Additionally, a Fairfax prenuptial and postnuptial agreement attorney should ensure that the document complies with both state and federal laws regarding property division, spousal support, and other aspects of divorce.

What Can Be Included in a Prenuptial or Postnuptial Agreement?

Prenuptial and postnuptial agreements can cover a wide range of issues, including but not limited to:

1. Division of Property and Assets: The agreement can outline how property, investments, and other assets will be divided in the event of a divorce. This can include real estate, retirement accounts, business interests, and other valuable items.
2. Debt Allocation: The agreement can specify how any debts accumulated before or during the marriage will be handled. This protects both parties from being unfairly burdened with debts that were not incurred jointly.
3. Spousal Support: The agreement can address whether one spouse will be entitled to spousal support in the event of divorce and, if so, the amount and duration of the support.
4. Inheritance Rights: Prenuptial and postnuptial agreements can define how inheritance from family members or other sources will be handled, ensuring that certain assets are passed down according to the spouse’s wishes.
5. Business Interests: If either spouse owns a business, a prenuptial or postnuptial agreement can protect the business in the event of divorce, determining whether the business will be considered marital property and how it will be valued.
6. Estate Planning: The agreements can include provisions about what will happen in the event of death, especially in cases where there are children from previous relationships.

Why You Need a Prenuptial and Postnuptial Agreement Attorney?

Planning for the future is important, especially when it comes to protecting your assets and interests in a marriage. A prenuptial agreement attorney can help you navigate the legal complexities of drafting a prenup that is fair and legally binding. At Keithley Law, PLLC, our experienced attorneys understand the importance of safeguarding your financial future and can provide expert guidance throughout the process.

Benefits of working with a prenuptial agreement attorney include:

• Customized legal advice tailored to your unique situation
• Protection of assets acquired before marriage
• Clarity on financial rights and responsibilities during marriage and in the event of divorce
• Peace of mind knowing your interests are secure
• Expertise in family law and legal matters related to prenuptial agreements

Contact Our Prenup Family Law Experience

If you are interested in a prenuptial or postnuptial agreement for your relationship, we can help you. It is of critical importance to find an attorney who has experience in these areas. Keithley Law, PLLC has built and maintained relationships with many outstanding financial experts who can also help you reach your financial objectives.

With proper planning and preparation, you can reduce the costs of a divorce should one occur. The experienced family law attorney at Keithley Law, PLLC can help you prepare a prenuptial or postnuptial agreement designed to protect your assets.