What property in a divorce is marital?

In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time…

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3 Ways a Virginia Prenup Can Hurt You

Prenuptial agreements aren’t a whole lot of fun. In almost every case I’ve ever seen, one party has the other party completely over a barrel, and it diminishes any amount of bargaining power that she might have otherwise had. But, then again, that’s the point, isn’t it? There’d be no real need for a prenuptial…

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Can I sign this prenuptial agreement?

Women frequently bring us in already drafted agreements for our review and comment. Usually, a drafted agreement – whether it’s a prenuptial agreement, a marital agreement, or a separation agreement – includes some sort of language that says there’s been a full and frank disclosure of the assets and liabilities, and also that each party…

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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…

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Reconciliation Clauses in Separation Agreements

I got a good question at one of my Second Saturday seminars the other day.  A woman asked, “What’s a reconciliation clause?  Do I even want one?  I don’t plan on reconciling!”  She went on to say that a reconciliation clause wasn’t included when she and her husband met with a mediator, but then that the…

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Prenuptial Agreements and Virginia Law

Let me just say this: prenuptial agreements aren’t all that common. And, if your soon to be husband has presented you with one, you have three options: 1. Sign it as is, and hope for the best. (Generally not recommended.) 2. Don’t sign it. Walk away, and hope he’ll marry you anyway—but with full knowledge…

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Separation and Marital Agreements in Virginia

There’s no such thing as “one size fits all” when it comes to marriage and divorce. That’s why there are so many different solutions to whatever might be going wrong in your particular case—and it doesn’t necessarily mean that you’re headed for divorce. I know. You’re probably thinking, “WHAT?! Why would a divorce attorney tell…

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I have a Virginia prenuptial agreement. What does it mean?

It doesn’t happen all that often, but every so often we talk to a woman who has already signed and negotiated a prenuptial agreement. Usually, when it happens, the woman doesn’t let us know she has signed a prenup until after we’ve already had most of our initial consultation. Then, she’ll say something like, “Well,…

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