Very few things strike fear into a divorce attorney’s heart as much as the words, “I have a prenup,” unless its “I already signed the separation agreement”. Either way, it’s very, very relevant information, as what you already signed can have a significant (and sometimes terribly detrimental) impact on your entitlements. When we speak about divorce law in Virginia, including what specific rights and entitlements apply in a general sense, we’re talking about a case where a prenuptial … [Read more...]
Should I sign this prenup?
Should I sign this prenup? Prenuptial agreements are pretty commonly misunderstood. I often hear that someone should may consider a prenup if they had substantial assets before the marriage that they wanted to protect. Under Virginia law, though, property that you earned or owned prior to marriage is already separate – it’s already yours, it stays yours, and it doesn’t become marital property unless you commingle it with marital funds. By “commingle,” I don’t mean that you used it to buy a … [Read more...]
Should I sign this separation agreement?
Should I sign this separation agreement? Every so often I hear from a woman who, panicked, tells me she has to have a separation agreement reviewed TODAY. She has to sign it right now, or there’ll be dire consequences. It’s an emergency! It has to be done now! I hate these conversations for a lot of reasons, but, first and foremost, because I believe this is when really bad decisions with really long reaching consequences are made. Separation agreements are never something that should be … [Read more...]
Changing your separation agreement
In divorce and custody cases, all sorts of different things happen. No two cases are exactly the same, and so, as a result, we often see different issues present themselves. Sometimes, those different issues can result in parties who previously negotiated a signed separation agreement wanting to change some of the terms of that agreement. Can you change your separation agreement? Generally speaking, you are bound to the terms of the agreement you signed. A defense like, “I didn’t know,” or … [Read more...]
Not happy, but not ready for a divorce: The Marital Agreement
You’re unhappy, but maybe you’re not ready to move forward with a divorce just yet. Things have been rough, but you’re still holding out hope that something might change and you’ll be able to make it work. Whether for your own sake or for the sake of your children, there’s something just so permanent about taking those first tentative steps towards divorce, and you’re not ready for that yet. But that doesn’t mean, though, that you’re okay with how things are. That doesn’t mean that you’re … [Read more...]
