While some agreements between two people are informal, it is always better—and in many cases legally necessary—to document any agreements in writing. This includes marital contracts, which include prenuptial, postnuptial, and separation agreements. You may even wonder why you should adopt a marital agreement in the first place.
Most couples enter marriage with joy and shared love. However, the reality is that couples divorce every day in Virginia. A Richmond marital agreements lawyer can help protect the interests of both you and your spouse, and reduce contentiousness if you do decide to divorce. Contact our seasoned family attorneys at Ashwell & Ashwell, PLLC to learn more.
Virginia recognizes the legality of prenuptial, postnuptial, and separation agreements. While all three serve to protect and distribute property, they differ in time and purpose. Couples sign a prenuptial agreement prior to the marriage, which takes effect once they marry and outlines how they will divide assets and debts if they divorce.
Spouses sign a postnuptial agreement after the wedding. It is effective immediately and serves the same purpose as a prenuptial agreement.
After a couple separates but before they divorce, they may write a separation agreement which addresses asset and debt division but also child custody, support, and alimony.
Under Virginia Code § 20-150, you can tailor these agreements to your situation and address the issues that are important to you, including:
Our dedicated attorneys have decades of experience advocating for families like yours. Let a seasoned Richmond attorney help you and your spouse agree on aspects of a marriage agreement that can become divisive due to misunderstandings.
Under state law, a marital agreement must be a written document, and both spouses must sign it. One party cannot coerce the other into signing, and the terms must be fair and reasonable to both. Each spouse must fully disclose all assets and debts, and the agreement should include provisions to address any future changes in either spouse’s circumstances. If a court finds an agreement unconscionable, it will refuse to enforce it. Talk to a Richmond attorney now to discuss why a marital agreement may be right for you.
You may not think you need a marital agreement, and we hope you never will, but the likelihood of needing one is higher than you might think. Having an agreement in place allows you to protect your individual assets and fairly allocate marital debt. It can also outline terms for child custody, support payments, and visitation, helping to prevent a lengthy court battle. By making these crucial decisions in advance, you can save time, reduce legal expenses, and avoid unnecessary conflict during a divorce.
A Richmond marital agreements lawyer from Ashwell & Ashwell, PLLC can help you understand your obligations, whether you already have an agreement in place or need to draft a new one to reflect your current marital status. Call now to learn how these agreements can bring stability to your marriage and the comfort of knowing that you and your spouse have reached a mutual understanding on important issues.
A criminal defense attorney serves as your advocate and guide throughout every stage of your legal proceedings. From the moment of arrest or charge, your attorney will explain your rights, help you understand the charges against you, and develop a legal strategy tailored to your case. They will investigate the facts, review evidence, file pretrial motions, negotiate with prosecutors for reduced charges or plea agreements, and represent you vigorously at trial if necessary. Your attorney ensures that law enforcement and the prosecution respect your constitutional rights at every turn, working to achieve the best possible outcome on your behalf.
In general, the civil litigation process encompasses several crucial stages, beginning with the Pleadings phase, where parties formally outline their claims and defenses. Following that, the Discovery stage allows both sides to gather evidence through depositions and document requests to support their case. Pre-trial motions aim to resolve the case or limit issues before trial. If unresolved, the process moves to Trial, where the case is argued in court. Finally, the Appeal phase offers a chance to challenge the trial’s outcome. Each stage is pivotal, designed to ensure fairness and resolve disputes effectively.
A DUI conviction in Virginia carries serious consequences that can affect many areas of your life. For a first offense, you may face fines starting at $250, a 12-month license suspension, mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP), and possible jail time. Subsequent offenses result in significantly harsher penalties, including longer license suspensions, higher fines, mandatory minimum jail sentences, and the possibility of felony charges. A DUI conviction also creates a permanent criminal record, which can impact your employment, insurance rates, and professional licenses. Our attorneys work aggressively to protect your rights and pursue the best possible outcome for your case.
Our family law attorneys handle a wide range of matters affecting families and individuals. We represent clients in divorce and legal separation proceedings, including both contested and uncontested cases. We also handle child custody and visitation disputes, child support and spousal support (alimony) matters, equitable distribution of marital property, and the enforcement or modification of existing court orders. Additionally, our attorneys assist with adoption proceedings, paternity actions, domestic violence protective orders, and prenuptial or postnuptial agreements. Whatever your family law matter, our team is committed to protecting your rights and the well-being of your family.
A comprehensive Virginia estate plan typically includes several key documents. A Last Will and Testament outlines how your assets will be distributed and may name a guardian for minor children. A Revocable Living Trust allows assets to pass to beneficiaries without going through probate. Financial Powers of Attorney designate someone to manage your financial affairs if you become incapacitated, while a Healthcare Power of Attorney and Advance Medical Directive (Living Will) specify your healthcare preferences and appoint someone to make medical decisions on your behalf. Beneficiary designations on life insurance policies and retirement accounts are also critical components. Our estate planning attorneys will work with you to ensure all documents are properly drafted and reflect your wishes.
