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Prenups Lawyer in Manassas

Prenuptial agreements, which are called premarital agreements in Virginia, allow couples to address certain divorce-related terms before marriage. When legally binding, these contracts determine how the included terms will be resolved in the event of a divorce, which helps minimize the associated financial questions. Many couples take comfort in knowing what divorce would likely mean for them, and as a result, prenups often strengthen, rather than threaten, marriages.

Our experienced Manassas prenuptial agreements lawyers at Bristle Schulze are well prepared to help you explore what a prenuptial agreement could mean for you.

Creating a Legally Binding Prenuptial Agreement in Manassas

For your prenup to be enforceable, and therefore legally binding, in Manassas, each of the strict requirements included in the state’s Premarital Agreement Act must be met. These include all the following:

  • The contractual agreement must be in writing, which means it can be typed, printed, or handwritten.
  • Each party must provide the other with a comprehensive financial disclosure regarding their assets and debts.
  • The parties must enter the prenup voluntarily, which means that any coercion by either side could render the contract invalid.
  • The prenup cannot be unconscionable, which means it can’t be grossly unfair to either party.
  • The prenup must be signed by both parties and notarized.

The Terms Addressed in Your Prenup

A legally binding prenuptial agreement can override Virginia’s equitable approach to property division, which requires that marital assets be divided fairly. While fair can mean an equal division, it doesn’t always.

The matter of alimony, or spousal support, can also be addressed in a prenup. Because, however, both child support and parenting plans must be based on your children’s best interests at the time of divorce, these terms can’t be included in your prenup.

The Timing of Your Prenuptial Agreement

The State of Virginia doesn’t require couples to allow a specific amount of time between signing a prenup and marrying, but rushing things can jeopardize the contract’s enforceability. Allowing both parties ample time to carefully consider the ramifications of the agreement’s terms is always strongly advised.

Surprisingly, the person you’re marrying with a prenup right before the wedding can invite legal challenges that are based on the grounds of coercion. It’s important to note that prenuptial agreements must be created prior to marriage and that they are executed, or go into effect, upon marriage. Once married, a prenup is not an option, but a postnuptial agreement may be.

If you’ve been asked to sign a prenup or are considering broaching the subject with your soon-to-be spouse, having a better understanding of the legalities involved can make a big difference in terms of how well the contract protects your financial rights. Our seasoned Manassas prenups lawyers at Bristle Schulze have reserves of experience helping clients like you implement solid prenuptial agreements that help lay the foundation for strong marriages.

Learn more about everything we can do to help by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.