Discussing a prenuptial agreement is often sensitive, but it is a practical step for many couples. Start the conversation early, well before the wedding date, to avoid unnecessary pressure. Frame the discussion around honesty and future planning rather than a lack of trust. Pointing out that this agreement protects both parties can help make the conversation productive and less emotional.
Premarital & Prenuptial Agreements
Premarital & Prenuptial Agreement Lawyers
Mention a premarital or prenuptial agreement, and most people will think of wealthy celebrities getting married. However, you don’t need to be wealthy or famous to benefit from this type of agreement. Every individual who is getting married can benefit from drafting a prenuptial contract, even if they do not have a lot of wealth or assets in their name. Even though it may seem unnecessary or overly cautious at the time, it can prove to be invaluable should you or your spouse ever decide that the marriage is over. A seasoned premarital agreements attorney can represent you in drafting a prenuptial agreement and if and when the time comes, with enforcing one.
The Benefits of Prenuptial AgreementsÂ
Depending on your circumstances, there are many benefits to a premarital agreement. These include:
Giving property to children from previous marriages
When a couple marries, and one or both has children from a previous relationship, they may want to sign a premarital agreement. A premarital agreement can help them ensure that when they die, their children can receive separate property, and their spouse can still receive the financial provision they need. If no premarital agreement exists, one spouse can legally take a substantial amount of the deceased spouse’s property. This could leave children of the departed spouse without anything.
Highlight financial rights and responsibilities
Even couples who do not have children from a previous relationship and are not incredibly wealthy can use a premarital agreement to provide clarity for their financial rights and responsibilities within the marriage.
Make the divorce process easier
The most common reason for couples to create a premarital agreement is to help avoid problems if their marriage ends in a divorce. The agreement can detail how their property should be divided and if one spouse should receive spousal support.
Debt protection
Premarital agreements are not just used to determine who gets what assets if the marriage dissolves but also the assignment of debts. If one spouse is coming into the marriage with a significant amount of debt, the other spouse can protect themselves for being responsible for that debt with a premarital agreement.
Are Premarital Agreements Always Honored?
Premarital or prenuptial agreements are recognized in all states, including Virginia. However, your agreement must meet specific standards in order for the court to consider it valid. If the court finds a reason not to honor it, it will be as if the agreement never existed. By working with a well-versed premarital agreements lawyer, you can ensure that your agreement will be honored if and when the time comes that you need it.
Meet with a Premarital Agreements Lawyer
At Mahoney Richmond Thurston, PLLC, we know how essential prenuptial agreements can be to your marriage. Our attorneys are well-versed in helping clients craft agreements that meet their needs and will be honored by the courts. Contact us to schedule your premarital agreements consultation with an experienced family law attorney today.
FAQs About Virginia Prenuptial Agreements
How do I bring up the idea of a prenup with my partner?
What is required for a prenuptial agreement to be valid?
For a prenuptial agreement to be valid in Virginia, it needs to meet specific legal standards. First, the agreement must be in writing and signed voluntarily by both prospective spouses. Both parties should provide a fair and reasonable disclosure of their property and financial obligations. While not strictly required, having independent legal counsel for each person is highly recommended to demonstrate that the agreement was signed knowingly and without coercion.
Can a prenup include child custody terms?
No, prenuptial agreements cannot determine child custody or child support arrangements. The court retains the authority to make decisions based on the child’s best interests at the time of a separation or divorce. While a prenup can settle financial matters related to the marriage, any clauses attempting to pre-determine custody rights or limit child support will generally be considered unenforceable.
Can you make a prenup after marriage?
Yes, you can create a similar document after you are married, known as a postnuptial agreement. Like a prenup, a postnuptial agreement outlines how assets and debts would be divided during a divorce or in the event a spouse passes away. The requirements for validity are similar, meaning full financial disclosure and voluntary signatures are essential.
Can a prenup be updated or modified later?
A prenuptial agreement can be modified or revoked after marriage, provided both spouses agree to the changes in writing. This is often done to reflect important life events, such as the birth of children, a substantial increase in assets, or a career change. To make sure the new terms are legally sound, it is wise to consult with an attorney when drafting an amendment.
Andrew T. Richmond 
Reeves W. Mahoney
Nicole M. Thurston
Jessica N. Trotman
Alafia A. SharpeVirginia Beach Location
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