Creating a Prenuptial Agreement in the Event of a Virginia Divorce

Posted on Mar 2, 2011 by Hofheimer Family Law

Prenuptial agreements can cover a wide variety of things depending on the unique needs of the couple involved. The primary purpose of creating a prenuptial agreement is to protect the assets of the partners involved, so financial matters are almost always the main focus of these documents. However, some couples choose to add in things like division of household tasks and other logistical details of the relationship.

When creating a prenuptial agreement, you and your partner should take into consideration the issues that are important to you.

Prenuptial agreements can address:

  • division of property;
  • Virginia spousal support;
  • the financial responsibilities of both partners during the marriage; and
  • property distribution in the event of death (although you will also need wills/estate planning documents to back up decisions about such matters).

Prenuptial agreements typically cannot address:

  • Virginia child custody or visitation;
  • Virginia child support; and/or
  • any conditions that are unfair, unconscionable, or illegal (for example, an arrangement that has been secured through trickery, lies or manipulation).

It’s important for each partner to have legal counsel from a Virginia family law attorney while creating the prenuptial agreement to ensure that it is fair and legal; otherwise it can end up being invalidated by a court in the event of a Virginia divorce.

This is just a basic overview of what you can and cannot add to a prenuptial agreement. Your Virginia family law attorney can guide you through the process of creating a prenuptial agreement that works for both you and your partner, or address your concerns if a prenuptial agreement is a factor in your Virginia divorce.

Contacting a Virginia Family Law Attorney

There are very specific rules governing divorce in Virginia. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our divorce guide for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.