What Can Be Included in a Prenup?

When legally valid, prenuptial agreements can be powerful contractual tools that determine how divorce terms or inheritance rights will ultimately be resolved. While a prenup can address many important concerns, there are specific terms that are off limits. Knowing the difference between what can and cannot be included in your prenup can help you better protect your rights. And our experienced Alexandria prenup attorneys at Bristle Schulze encourage you to reach out for the help you need today.

Prenuptial Agreements in Virginia

Prenuptial agreements in Virginia are intended to address wide-ranging financial concerns that relate to divorce or inheritance. These contracts are created prior to marriage, and they go into effect upon marriage.

The requirements for a valid prenup in Virginia include all the following:

• The contract is in writing and is signed by both spouses.
• Each spouse entered the contract voluntarily, without any undue pressure, duress, or fraud involved.
• Each spouse was transparent in terms of disclosing income, assets, and financial obligations to the other.
• The terms included in the prenup aren’t unconscionable, which means they aren’t overwhelmingly one-sided.

While notarization is not required in Virginia, it is highly recommended for purposes of legal validation.

The Terms Addressed in Your Prenuptial Agreement

The terms that can be effectively addressed in a prenup break down into basic categories.

Property Rights

The State of Virginia presumes that all the assets a married couple owns are marital assets. This means that a spouse who claims separate property in a divorce must prove its separate nature. When property is identified as separate in a prenuptial agreement, however, the matter is resolved.

Further, your prenuptial agreement can address how your marital property will be divided in the event of divorce. Finally, each spouse’s rights as they relate to selling, buying, transferring, or otherwise managing and controlling specific assets can be carefully outlined.

Alimony

Spousal support is another common term addressed by prenuptial agreements. Alimony is not guaranteed in a Virginia divorce but is, instead, determined according to the specific circumstances that apply. When alimony is addressed in a legally binding prenup, it clarifies the concern ahead of time.

Inheritance Rights

The matter of inheritance rights tends to be more important in relation to second marriages, when one or both spouses already have children. Including a formal waiver of the elective share in a prenup means that the surviving spouse cedes their statutory right to a specific percentage of the other’s estate. This allows parents to protect their children’s inheritance rights.

Issues that cannot be addressed in a Virginia prenup include child support, which must be calculated in accordance with the law at the time. Child custody arrangements are also off the table because they are always based on the children’s best interests. 

Our Experienced Alexandria Prenup Lawyers Care about You and Your Case

Our accomplished Alexandria prenup attorneys at Bristle Schulze are well versed at protecting our clients’ rights with solid prenuptial agreements that afford invaluable peace-of-mind. We’re on your side and here to help, so please don’t delay contacting us online or giving our firm a call at 703-454-0701 today.