Prenuptial Agreements

Prenuptial Agreements

Northern Virginia Divorce Attorney for Prenuptial Agreements

When required formalities are met, prenuptial agreements can significantly ease the process of separation or divorce. Contrary to popular belief, prenuptial agreements are not entered into only by wealthy individuals who fear the loss of personal assets in the event of divorce. In reality, prenuptial agreements are entered into by couples with all manner of financial means who wish to discuss their respective goals and viewpoints concerning finances in advance of marriage out of love, consideration and affection. Making the decision to enter into a prenuptial agreement is often not an easy one, but for many couples it is the best one. If you are considering a prenuptial agreement prior to entering into marriage, you should contact a Fairfax divorce attorney who can educate you concerning matters that may be addressed in a prenuptial agreement and different options for resolving each matter.

Prenuptial agreements may address many issues, including but not limited to the disposition of property and/or debt upon separation, divorce, death, or the occurrence or nonoccurrence of any other event; spousal support; the making of a will, trust, or other arrangement to carry out the provisions of the agreement; and the ownership rights in and disposition of the death benefit from a life insurance policy. With these matters addressed and resolved in a written agreement signed by both parties prior to marriage, there will be little to no room for argument in the future should an issue arise.

Valid Prenuptial Agreements

With the help of a skilled professional, you can navigate the process of crafting a premarital agreement that best protects your interests in advance of your special day.

Valid prenuptial agreements require several essential elements:

  • The agreement must be in writing
  • The agreement must be signed by both prospective spouses
  • The agreement cannot be unconscionable at the time when it was signed (it must meet basic standards of fairness)
  • There must be full and fair disclosure when the agreement is signed.

In considering whether a prenuptial agreement is enforceable, courts will consider whether each party had independent legal representation and when the agreement was signed (for example, an agreement cannot be "forced" upon a party the night before the wedding). To be sure your prenuptial agreement best protects your interests and will be fully enforceable upon separation, divorce or death of a party, it is best to consult with an experienced family law attorney well in advance of a scheduled wedding. While it is possible to create a prenuptial on your own, the benefits to doing so under the direction of a skilled legal professional far outweigh foregoing such help.

The team of attorneys at our firm have successfully negotiated and drafted hundreds of prenuptial agreements that are specifically tailored to meet the needs of the clients we represent. At ShounBach we educate our clients concerning matters that may be addressed in a prenuptial agreement and different options for resolving each matter. Together, we help our clients navigate the process of crafting a prenuptial agreement that best protects the client's interests in advance of their special day.

You can contact a Fairfax prenuptial agreement lawyer from our firm to learn more about the process of establishing a prenuptial agreement and how we may be of assistance.