Fairfax
Premarital Agreements Attorney

General Guide to Premarital Agreements Laws in Virginia

A premarital agreement, often called a prenuptial agreement, is a vital planning tool for couples entering marriage. It’s not just about protecting wealth; it’s about providing financial clarity and security for both partners, setting the terms for asset protection and distribution long before any dispute might arise. Drafting a legally sound and fair agreement requires careful attention to Virginia state laws and financial complexities. Our dedicated Fairfax premarital agreements attorney at Raheen Family Law offers discreet and comprehensive counsel, helping you and your future spouse create a legally enforceable agreement that establishes a clear, predictable foundation for your marriage.

Our Fairfax family law attorneys understand that prenuptial agreements serve as a legally binding contract between prospective spouses. These marital agreements help couples protect their interests and plan for their future together. Whether you’re concerned about business interests, marital property, or financial obligations from a prior marriage, our prenuptial agreement attorney can help.

What is a Premarital Agreement?

A premarital agreement is also known as a “prenuptial agreement” or a “prenup” for short. A premarital agreement is a contract between a couple who enters into it before their marriage, and which specifies what each person’s property and support rights will be after the marriage and in the event of a divorce.

These marital agreements are permitted under Virginia law and can address many aspects of your financial life together. Prenuptial agreements provide clarity about how marital assets will be handled if the marriage ends. Many couples find that having this conversation before they get married actually strengthens their relationship.

What can be Included in a Premarital Agreement?

Virginia Code Section § 20-150 defines what parties can include in a premarital agreement. It allows for the parties to include (a) the rights and obligations of each party to property; (b) each party’s right to buy, sell, use, transfer, exchange, lease, encumber, dispose of, or otherwise manage and control property; (c) disposition of property upon separation, divorce, or death; (d) spousal support; (e) making a will or trust in order to carry out the terms of the premarital agreement; (f) rights to and disposition of death benefit from a life insurance policy; (g) what law will apply in interpretation of the premarital agreement; and (h) any other personal rights and obligations, so long as they are not illegal or contrary to public policy.

Your prenup can also address how debt will be handled and whether separate property will remain separate throughout the marriage. Our family law attorneys help clients understand what can and cannot be included in these contracts. We explain the options available under Virginia law and help you make informed decisions.

The parties can include in the premarital agreement provisions concerning custody and visitation; however, it is possible that the court may not enforce it at the time of divorce. This is because, the courts decide custody issues based of what is in the child’s best interest at the time the court is faced with making a custody decision, and not based on an agreement that the couple signed some time ago (which in some cases can be years, possibly even before the child or children’s birth).

While child custody matters must be decided based on the best interests of the children at the time of separation, prenuptial agreements can still address many other important family matters. Our attorney will review what provisions are most appropriate for your situation.

Why have a Premarital Agreement?

Premarital agreements are not just for rich people. Regardless of the extent of the assets owned by each party before the marriage, a premarital agreement can reduce the stress and contested nature of a divorce. Majority of divorce cases are contested. Termination of the parties’ marriage alone is an emotional process. The added layer of disputes as to how assets and debt should be divided or how spousal support should be handled makes the process even more stressful and exhausting. Therefore, every couple should consider having a premarital agreement.

Many couples in Northern Virginia choose to create prenuptial agreements to protect their interests and avoid future conflict. Having these conversations before you’re married can help both partners understand each other’s financial expectations. A well-drafted prenup can save you significant time, money, and emotional stress in the event of a divorce or separation.

Some of the common reasons why people may want to enter into a premarital agreement, include:

• Where both parties have acquired a significant amount of assets before the marriage, and they want to keep each of their assets separate;
• Where one party has acquired a significant amount of assets before the marriage and wants to keep it separate;
• Where parties want to define what assets will be separate and what will be marital in the event of a divorce;
• Where the parties want to address how spousal support will be handled in the event of a divorce, including whether both parties waive spousal support, or spousal support will be paid based on specific terms (which can include the amount, duration, and triggering events).

Additional reasons to consider marital agreements include protecting a business or professional practice, addressing income from separate property, and planning for children from a prior relationship. Our prenuptial agreement attorney works with spouses to identify their goals and create contracts that reflect their wishes.

The Process of Creating a Prenuptial Agreement

Creating prenuptial agreements requires careful planning and full financial disclosure from both partners. Each person should provide complete information about their assets, income, debt, and financial obligations. This transparency is required for the agreement to be enforceable.

Our family law attorneys guide clients through the entire process, from initial negotiations to drafting the final document. We work to protect your interests while ensuring the agreement is fair to both parties. The prenup must be signed well in advance of the wedding date, and both spouses should have their own separate legal representation.

Having independent advice from your own attorney helps ensure that you understand what you’re signing. This also reduces the risk that the agreement could be successfully challenged later. Our firm represents clients on behalf of their interests and helps them negotiate terms that work for their situation.

When Can Prenuptial Agreements Be Challenged?

Depending on the facts of the case, the court may carefully look at the premarital agreement when deciding its validity. The premarital agreement must be well drafted, and the parties should also follow proper procedure before entering into the premarital agreement. For example, it should be signed well in advance of the marriage. Both parties should also have their own separate lawyers to negotiate and review the agreement.

Prenuptial agreements can be challenged if they were signed under pressure, without proper disclosure, or if they are unconscionably unfair to one party. Courts will also refuse to enforce provisions that violate public policy. Our Fairfax, VA family law attorneys draft marital agreements that can withstand legal scrutiny and protect both partners’ rights.

To minimize the risk of a challenge, agreements should be in writing, signed voluntarily by both parties, and created after full financial disclosure. The contracts should also be fair and reasonable at the time they are signed. Our attorney helps clients understand these requirements and create agreements that will hold up in court.

Can Prenuptial Agreements Be Changed?

Marital agreements can be amended after you get married if both spouses agree to the changes in writing. Life circumstances change, and your prenup may need to be updated to reflect new business ventures, children, or changes in income. Our family law attorneys assist clients with modifying existing agreements to address their current needs.

Any changes to prenuptial agreements must follow the same formalities as the original contract. Both partners should have independent legal representation during the amendment process. We help couples review and update their marital agreements to ensure they continue to serve their intended purpose.

How Our Fairfax Family Law Attorneys Can Help

At Raheen Family Law, we have the experience to help you negotiate and draft a premarital agreement and to help guide you through the process. Our prenuptial agreement attorney understands the unique concerns of clients in Fairfax, VA and throughout Northern Virginia.

We take time to understand your financial situation, family goals, and concerns about the future. Whether you’re entering your first marriage or have been married before, we provide personalized advice tailored to your circumstances. Our firm has helped many couples create prenuptial agreements that protect their interests and provide peace of mind.

We work with clients to address complex matters including business ownership, property acquired during a prior marriage, and planning for children from previous relationships. Our attorney can explain how Virginia law applies to your situation and what options are available. We help prospective spouses have productive conversations about money, property, and financial expectations.

Protect Your Future with a Prenuptial Agreement

Don’t wait until problems arise to think about protecting your assets and planning for your financial future. Prenuptial agreements are about more than just preparing for divorce. They’re about creating clarity and understanding between partners before you get married.

Our family law attorneys help clients throughout Northern Virginia create fair, enforceable marital agreements. We understand that these conversations can be sensitive, and we handle each matter with discretion and professionalism. Whether you need advice about what to include in your prenup, help with negotiations, or representation during the drafting process, we’re here to assist.

The benefit of working with an experienced attorney is that you’ll have someone who understands Virginia law and can help you avoid common mistakes. We know what provisions courts will enforce and how to structure agreements that protect both parties. Our clients receive the advice and support they need to make informed decisions about their future.

Contact Our Prenuptial Agreement Attorney Today

If you’re considering a prenuptial agreement, now is the time to take action. The earlier you start the process, the better. Waiting until close to your wedding date can create unnecessary stress and may even risk the enforceability of your agreement.

Contact Raheen Family Law today to schedule a consultation with our Fairfax premarital agreements attorney. We serve clients throughout Fairfax, VA, and Northern Virginia. During your consultation, we’ll discuss your situation, answer your questions, and explain how we can help you create a prenuptial agreement that meets your needs.

Let us help you start your marriage with a solid foundation and financial clarity. Contact our firm today to learn more about how marital agreements can protect your interests and provide security for your future together.