Fairfax Marital & Prenuptial Agreement Attorneys

Guiding Clients Through Marital & Prenuptial Agreement Process in Virginia

It is important to have an experienced and thorough family law attorney draft or review marital and prenuptial agreements. In fact, there are several strong, practical reasons for doing so — not the least of which is protecting you from the considerable expense and emotional toll that a litigated divorce can impose.

At Wexell Milman, marital and prenuptial agreements have become a common part of our family law practice. Our lawyers can explain to you what subject matters should be included in these agreements, what it takes to ensure their legal validity, and what provisions are reasonable and appropriate based on your situation.

To speak with an experienced Fairfax prenuptial agreement attorney, give us a call at (703) 454-5448 or contact us online today.

What is a Prenuptial Agreement?

Prenuptial agreements are often thought of only as a tool that wealthy spouses use to protect their assets in the event that they get a divorce. In truth, you do not have to be wealthy to have assets that you want to protect, or to want to address the issue of spousal support.

What Does a Prenuptial Agreement Cover?

In addition to their value in terms of asset protection, prenuptial agreements can settle a number of other important questions, including:

• Who brought what property and debt into the marriage?
• What happens if one spouse or the other dies or is incapacitated?
• How will property, assets, and debts be divided in the event of a separation or divorce?
• Will spousal support claims be waived or limited?
• Can a party to the agreement make a claim against the estate of the other party upon death?

To defeat any claim that the prenuptial agreement is unenforceable, certain formalities must be observed in the negotiation and drafting process. Basically, each party should have their own divorce attorney; the negotiation or signing of the contract should not take place under duress; and there should be a full disclosure of each party’s property, assets, and debts, or a waiver of the right to such a disclosure.

Protect Your Assets with a Prenuptial Agreement

A prenuptial agreement, also known as a prenup, is a legal document that outlines how assets and debts will be divided in the event of a divorce. This important document can help protect your financial interests and provide peace of mind as you enter into marriage. Our experienced Fairfax marital and prenuptial agreement attorneys can guide you through the process of creating a prenup that meets your specific needs and concerns.

Key benefits of a prenuptial agreement include:

• Clarifying financial expectations
• Protecting assets acquired before marriage
• Outlining spousal support agreements
• Avoiding lengthy and costly legal battles in the event of divorce
• Providing security and peace of mind for both parties

What Is a Postnuptial Agreement?

A postnuptial (or post-marital) agreement is a mechanism to divide your marital property and debt, provide for support, and resolve child custody and visitation issues. Postnuptial agreements provide a level of certainty and allow you and your spouse to decide these important issues, as opposed to having a judge decide these issues for you.

Why Might a Couple Want a Postnuptial Agreement?

As a Fairfax marital agreement lawyer, we often work with couples who are interested in protecting their assets and ensuring financial security through a postnuptial agreement. While prenuptial agreements are more commonly discussed, postnuptial agreements offer a valuable opportunity for couples to clarify financial matters after they are already married.

There are several reasons why a couple might consider a postnuptial agreement. One common reason is a significant change in financial circumstances. Whether one spouse has received a substantial inheritance, started a new business, or experienced a sudden increase in income, a postnuptial agreement can outline how these assets will be managed and divided if the marriage were to end.

Another reason couples seek a postnuptial agreement is to address concerns that may have arisen during the marriage. If there has been a period of marital discord or infidelity, a postnuptial agreement can help restore trust by clearly defining the financial terms of the relationship moving forward. It can also serve as a tool to facilitate reconciliation by providing both parties with a sense of security and fairness.

Postnuptial agreements are also beneficial for couples who did not create a prenuptial agreement before marriage but now realize the importance of having one. Whether it’s due to changing financial goals, evolving family dynamics, or simply gaining a better understanding of their financial situation, a postnuptial agreement allows couples to achieve the same level of protection they would have had with a prenuptial agreement.

Ultimately, a postnuptial agreement is a flexible and powerful legal tool that can be tailored to meet the unique needs of each couple. If you are considering a postnuptial agreement, consulting with an experienced Fairfax marital agreement attorney can help ensure that your interests are protected and that the agreement is legally sound.

For answers to the questions you have about prenuptial or postnuptial agreements, contact our Fairfax legal team or call (703) 454-5448. Daytime, early evening, and Saturday morning consultations are available by appointment. Major credit cards are accepted.