Are Postnuptial Agreements Allowed in Virginia?

Yes, postnuptial agreements are allowed in the State of Virginia, and when they are legally valid, they are upheld. A postnuptial agreement can be used to update a prenuptial agreement that no longer fits your circumstances or can be created to address circumstances that you didn’t foresee. To ensure that your postnuptial agreement is legally binding, you are well advised to have the professional legal counsel of an experienced Manassas divorce lawyer at Bristle Schulze in your corner.

If Your Prenuptial Agreement No Longer Serves Your Needs as a Couple

If you have a valid prenuptial agreement in place, it is legally binding, which means the court will enforce the terms. If, however, you and your spouse are both in agreement, the contract can be revoked at any time via a legal agreement that is signed by both of you. You can also modify your existing prenuptial agreement with a postnuptial agreement that better suits your needs.

In Preparation for Divorce

It is important to note that a postnuptial agreement does not mean that either one of you doesn’t believe in or isn’t fully invested in your marriage. In fact, a postnup ensures that you both know what divorce would mean for you, which frees you up to focus on your marriage. Some couples facing divorce, however, create postnuptial agreements in order to definitively resolve the applicable terms of divorce ahead of time. These include:

• The division of marital property
• The allocation of debt
• Alimony

Child support and child custody, which are based on the children’s best interests at the time, should not be addressed in postnuptial agreements.

Addressing Specific Matters

Married couples often turn to postnuptial agreements to resolve specific concerns like the following:

• Addressing the needs of a child or grandchild with a serious disability
• Managing an inheritance that one spouse received or expects to receive during the marriage
• Protecting a business interest or a business partnership that was initiated during the marriage
• Making long-term plans in response to one spouse’s challenging medical diagnosis
• Addressing the inheritance rights and financial protections of a child or children from a prior relationship

Factors that Can Invalidate Your Postnup

There are certain factors that will prompt the court to invalidate your postnuptial agreement. These include one spouse using coercion to get the other to sign. Ultimately, both parties must enter the agreement voluntarily.

Further, terms that are deemed unconscionable can also be invalidated. Unconscionable in this context means being seriously one-sided, oppressive, or otherwise unfair. Failure to provide one another with a fair and reasonable disclosure of the necessary financial information can also make your postnuptial agreement unenforceable.

Speak to an Experienced Manassas Divorce Attorney Today

The persuasive Manassas divorce lawyers at Bristle Schulze have earned a solid reputation for crafting well-considered, legally binding postnuptial agreements that protect our clients’ rights, and we welcome the opportunity to do the same for you. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.