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.
