Getting married should be one of the most joyful days of your life, but it can be easy to focus on the anticipation and effort of putting on the event and avoid considering what could happen if things do not last in the long term.
Speaking with a Warrenton marital agreements lawyer at Ashwell & Ashwell could help you make a plan with your spouse for various possibilities. A respected family law attorney could reduce the likelihood of conflict if things do not go according to plan. Our goal is to ensure your family’s well-being, both now and in the future.
Any kind of nuptial contract is legally binding and enforceable in Warrenton, which is why both spouses need to have skilled legal representation. An experienced lawyer could provide guidance on issues important to both of you, enabling you to make a mutually beneficial arrangement.
Although it sometimes has a poor reputation in popular culture, a prenuptial agreement is highly recommended. This is a proactive way for both spouses to determine how you will handle certain issues in the event of a divorce. Usually, these plans focus on how you will divide your properties, including assets and liabilities.
Premarital agreements may also outline the spousal rights and obligations for alimony, benefits from a life insurance policy, or any other matter, as long as it does not violate any law. Doing this before getting married provides an opportunity for everyone to sit down and discuss the issues in a calm manner, without the stress and emotions that can be present during a divorce proceeding.
Life circumstances frequently change, so it is not unusual for couples to find themselves in vastly different circumstances as the years go by. Thankfully, it is absolutely possible to make arrangements after the marriage to accommodate these changes.
Although prenups are binding contracts, that does not mean they are unchangeable, and you can modify them to fit your current situation. However, both spouses must consent to any adjustments and put them in writing.
Some couples may encounter a new situation that neither could have anticipated, which means they did not include the present scenario as a provision in the prenup. For example, one spouse may inherit a large amount of money from a relative that the family wants to save for their children. They could formally record this in a postnuptial agreement so that the money is kept apart from other assets that would be divided in the event of a divorce.
Under the Code of Virginia § 20-91A(9)(a), couples must live apart for at least one year before they can get legally divorced. However, if they do not have minor children, they may shorten this period to only six months with a separation agreement. This document could also outline each spouse’s rights and obligations during a separation.
It is vital to consult with a knowledgeable attorney in Warrenton before signing any marital agreement, whether it is before or during your marriage. Retaining a lawyer could ensure that the arrangement is fair.
If you are considering a prenup or need help with another type of marital contract, consult with a Warrenton marital agreements lawyer at Ashwell & Ashwell. We could help review and draft terms that consider and incorporate your interests.
Include this activity among your pre-wedding preparations. Call Ashwell & Ashwell for a consultation with one of our seasoned family lawyers.
