While many people are aware of prenuptial agreements, the opposite is true for postnuptial agreements. Depending on the circumstances of the parties, prenuptial agreements should be seriously considered before getting married. Prenuptial agreements allow the parties to address their asset distribution without the heightened emotions that come with divorce. However, even if a couple did not consider a prenuptial agreement, or simply did not have time to get one signed due to the imminent marriage, a postnuptial agreement is still an option.
Virginia law allows for postnuptial agreements between married couples. In fact, postnuptial agreements are governed by the same law as prenuptial agreements. Virginia law allows parties to enter into agreements for the purpose of settling the rights and obligations of both or either party. This includes issues regarding spousal support, choice of law, and disposition of property. Absent certain circumstances, postnuptial agreements are legally valid and enforceable contracts. Unlike a prenuptial agreement, where the agreement only becomes effective upon the marriage, postnuptial agreements become effective upon their execution.
Post-nuptial agreements are a powerful tool available for couples to protect themselves and their assets, should the marriage fail.
If you are interested in getting a post-nuptial agreement prepared, or would like to discuss your options, make sure to reach out to an experienced family law attorney at Raheen Family Law to assist you in all your family law needs. Contact us today to schedule a consultation.