Marriage is a beautiful union that comes with responsibilities and obligations that the couple must fulfill to live happily ever after. However, sometimes even the best of intentions cannot save a marriage from falling apart. In such cases, a marital agreement can be a good option to mitigate the consequences of a divorce. In Virginia, marital agreements, also known as prenuptial agreements, postnuptial agreements, and separation agreements, are legally recognized documents that can protect you and your spouse in case of a divorce.
In this blog, we’ll explain what you need to know about marital agreements in Virginia and how they work.
Types of Marital Agreements
There are three types of marital agreements recognized in Virginia: Prenuptial Agreement, Postnuptial Agreement, and Separation Agreement. A prenuptial agreement is signed before getting married and addresses the distribution of assets or debts in case of a divorce. A postnuptial agreement is the same as a prenuptial agreement, but it is signed after the marriage has begun. A separation agreement is signed after the couple has decided to separate, but before getting divorced. It addresses issues such as child support, custody, maintenance, and property distribution.
Enforceability of Marital Agreements
A marital agreement in Virginia must comply with certain laws to be enforceable. It must be in writing, signed by both parties, and made voluntarily and without coercion. It must also be fair and reasonable, disclose all assets and debts, and provide for future changes in circumstances. The court will not enforce a marital agreement if it violates public policy, is fraudulent, or unconscionable.
Advantages of Marital Agreements
A marital agreement can provide several benefits to the couple in case of a divorce. It can protect the couple’s individual assets, prevent spousal support (alimony), and define each party’s responsibility for debt. It can also provide clear guidelines for child custody, visitation, and child support, without the need for a lengthy court battle. In addition, it can save time and money by avoiding legal disputes and reducing court costs.
Consulting A Virginia Beach Family Lawyer
Consulting a family lawyer is essential when drafting or enforcing a marital agreement in Virginia. A Virginia Beach family lawyer can help you understand your rights and obligations, review and revise an existing marital agreement, or negotiate and litigate issues in the event of a divorce. A family lawyer can also provide guidance on drafting additional provisions such as estate planning, health care directives, and guardianship agreements.
Marital agreements can be an important tool in safeguarding your assets, rights, and obligations in case of a divorce. Whether you are getting married, already married, or planning to separate, a marital agreement can provide peace of mind for both parties. However, it is crucial to comply with Virginia laws and consult a family lawyer for a comprehensive and tailored marital agreement that fits your unique circumstances. Reach out to Invictus Law today to learn more about marital agreements in Virginia. Give us a call at 757-856-5066.