Roanoke Prenuptial & Postnuptial Agreement Lawyers
Protecting Your Assets Through Sound Contracts
Prenuptial and postnuptial agreements have become increasingly popular among Virginia couples. These agreements are written contracts that are recognized under Virginia law. If properly created according to legal standards, they can be enforceable and provide a way to protect your assets should your marriage end in divorce or death. While they are commonly associated with celebrities and high net-worth individuals and couples, they are beneficial for many who may have specific needs in ensuring that their beneficiaries have financial protections, such as individuals who have children from prior marriages or relationships.
At Magee Goldstein Lasky & Sayers, PC, our legal team can walk you through the process of what is involved in drafting a prenuptial or postnuptial agreement. These contracts require sensitivity due to their financial aspects as well as diligence in ensuring that your needs are met. Our firm has helped to negotiate the terms of such agreements and put those terms into drafted contracts for the benefit of our clients and their families. Because these agreements can have long-term effects on your future and that of your beneficiaries, we strongly advise that you have the experienced legal representation you need to ensure your rights are protected and that the agreement is legally binding.
Prenuptial Agreements in Virginia
Prenuptial agreements, also known as premarital agreements, are drafted prior to marriage and go into effect once the marriage takes place. They are written agreements that must be voluntary and signed by both parties. In general, they lay out the terms of how assets and property will be handled should the marriage end in divorce or death.
Terms and conditions in a prenuptial agreement can include:
- The rights, responsibilities, and obligations pertaining to the property of each party; this can include property gained prior to or during the marriage
- How property will be divided and distributed in a divorce or the death of a spouse
- Whether spousal support will be provided to either side and its terms
- How marital debts will be handled
- How separate property will be passed on to children from prior relationships for either party; this can involve terms relating to wills and trusts
- Any other financial matter that is relevant and not in violation of Virginia law
In order to ensure your prenuptial agreement is valid and enforceable, both parties must provide full financial disclosure to the other. Furthermore, your agreement should be clear in its terms. Ambiguity can lead to legal problems should you ever need to enforce it in a court of law. That is why it is important to rely on an attorney who is knowledgeable and experienced in this matter.
Postnuptial Agreements in Virginia
Postnuptial agreements generally provide the same terms as prenuptial agreements. The only difference is that they are entered into after the marriage has taken place. This commonly occurs when couples failed to have one drafted prior to marriage or who wish to modify an existing prenuptial agreement.
Let Magee Goldstein Lasky & Sayers, PC Represent You
Without a prenuptial or postnuptial agreement, your marital property and debt division will be divided according to the equitable distribution model of Virginia divorce law. That model may not be to your advantage should your marriage lead to divorce. That is why you should seek the help of our firm. Additionally, qualified representation is essential to ensure that your agreement complies with Virginia law and in written in specific and clear language. Our firm can help you negotiate the terms of your agreement followed by the drafting of a contract that clarifies those terms without ambiguity. We bring knowledge, experience, and diligence to your prenuptial and postnuptial matter.
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