Prenuptial Agreements in Northern Virginia

One of the most difficult conversations you may ever have is when you ask your future spouse to sign a prenuptial agreement.  Even the mention of prenuptial agreement can start an argument, at least according what we see on popular primetime sitcoms.  In reality, asking your spouse to sign a prenuptial agreement does have to as bad as you imagine, and you would speak with an experienced Northern Virginia domestic relations attorney about how a prenuptial agreement really works, things will probably go a lot smoother.  However, it should be noted that while asking your future husband or wife to sign a prenuptial agreement is not the most romantic aspect of planning and preparing for a wedding, in today’s world it can just as necessary as having a last and will and testament, life insurance, or any other advanced planning arrangements most people have.

It also important to note that while we generally talk about a prenuptial agreement as something we sign prior to entering into a marriage, there is also a document known as postnuptial agreement allowed in the Commonwealth of Virginia that serves the same agreement but can be entered into once the parties are already married.  You may be wondering why someone would sign such an agreement after they are already married, but there is variety of reasons.  A common reason is there has been an act of infidelity by one spouse and the other spouse agrees to remain in the marriage and try to work things out, he or she may need further reassurances in the event of eventual divorce.  The reason for this is because one of the factors in decided how do divide property or how to award spousal support is the duration of the marriage as defined in the Virginia Code.

One of the most important things when considering a prenuptial agreement is to make sure you speak with a Northern Virginia attorney who understands the complex rules and requirements for a valid agreement.  The last thing you want to do is to have your future spouse execute what you believe to a valid prenuptial only to find out years later during a heated divorce proceeding that your agreement is not enforceable in a court in Commonwealth of Virginia.

In Northern Virginia, premarital agreements as they are often called are governed by what is know as the Premarital Agreement Act.  This series of laws which were originally created by a national advisory body and substantially adopted her in the Commonwealth of Virginia outline the requirements for valid agreement.  However, it is also necessary to have a thorough understanding the common law decisions that interpret and affect the statutes.  The best thing you should do is speak with an experienced domestic relations attorney about these complex issues.

The family law attorneys at DiPietro Family Law Group have years of experience handling domestic relations cases in jurisdictions across Northern Virginia, Washington, DC and Maryland.  Contact us to schedule a consultation today at (703) 370-5555.

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