Virginia Beach Prenuptial Agreement Lawyers 

Virginia divorce lawyers help safeguard your future with a legal agreement

There was a time when asking a fiancé or fiancée to sign a prenup was reserved for situations in which one spouse had far greater wealth than the other. But modern marriages often involve people of comparable assets and earning abilities. As such, many engaged individuals now consider a martial contract a practical tool to protect their finances while preventing a messy divorce in the future. At Ernest Law Group, PLC, our Virginia Beach prenuptial agreement lawyers help clients negotiate and draft prenups that preserve their property rights for future peace of mind. 

Common reasons for a prenuptial agreement

There are varied reasons for entering a prenuptial agreement. Some of the most common are:

• Financial disparity — One spouse may be significantly wealthier than the other, or one spouse may have substantial personal debt or obligations. 
• Second marriage — A person who has previously been married may not have confidence in the durability of a new relationship.
• Children from another relationship — A spouse who comes to the marriage with children from a prior relationship may desire to protect assets for their inheritance.

The main reason to enter a prenup is to guard against the unpredictability of marriages, as evidenced by the high rate of divorce. If you remain married, it should be because you and your spouse still love each other, not because you’re trapped due to poor financial planning.

Requirements of a valid Virginia prenuptial agreement

Virginia law sets certain conditions for the validity of a prenup. It must be in writing and signed by each party. It must be voluntary at the time of formation and free from any coercion or duress. It cannot be unconscionable and cannot violate public policy. The prenup becomes enforceable upon marriage.

What to include in a Virginia prenuptial agreement

A prenup can cover any of the following subjects:

• Property rights and obligations
• The right to control and transfer property
• The disposition of the property upon marital dissolution or another significant event
• Spousal support rights and obligations
• Creation of legal instruments, such as a will or trust, to implement provisions of the agreement
• Rights to death benefits from insurance
• The choice of law to govern the agreement
• Other matters that do not violate the law or public policy

However, a prenup cannot control child custody and support. Custody is subject to what a court finds to be in the best interests of the child. As for support, the parties can agree to terms that go above and beyond their basic obligation but they cannot absolve themselves of financial responsibility for a child. 

Our attorneys advise clients on the proper scope of an agreement, so that it will stand up in court.

Does a prenup protect one spouse from the other’s debts?

In addition to providing instructions on dividing assets in divorce, a prenup can declare one party’s debt to be separate property. The agreement might also contain protections from a party’s dissolute spending that can deplete the marital estate.

Does a prenup protect future assets?

A prenup can declare that a spouse has individual rights to property acquired in the future, such as:

• An inheritance
• Assets from retirement plans
• Royalties from intellectual property
• Wealth earned through separate property

Disputes over future interests often arise in high net-worth divorces. A detailed, clear and unambiguous prenuptial agreement can prevent protracted litigation over these assets.

Contact our Virginia family law attorneys to discuss prenuptial agreements

At Ernest Law Group, PLC, in Virginia Beach, we negotiate and draft prenuptial agreements to protect your property rights. Call us at 757-289-2499 or contact us online to schedule a consultation with an experienced attorney.