A prenuptial agreement, also known as a “prenup,” is a legal contract entered into before marriage that outlines how assets, debts, and other matters will be handled in the event of divorce or death. In Virginia, these agreements are fully enforceable as long as they meet specific legal standards.
When Should You Consider a Prenup?
– You own real estate, a business, or significant investments before marriage
– One or both parties have children from a prior relationship
– You expect to inherit wealth or want to protect family property
– One spouse has significantly more debt or income than the other
What Can a Prenup Include in Virginia?
Under the Virginia Premarital Agreement Act (§ 20-147 et seq.), a valid prenuptial agreement may cover:
– Property rights during the marriage and after divorce
– Spousal support (alimony)
– Division of debts
– Estate rights and inheritance
– Ownership and management of businesses
What It Cannot Include
A prenup cannot determine:
– Child custody or support (these are governed by the child’s best interests at the time of divorce)
– Waivers that are unconscionable or promote divorce
Making a Prenup Enforceable
– It must be in writing and signed voluntarily by both parties
– Each party should fully disclose all assets and liabilities
– Both parties should have time to review and consult legal counsel before signing
Postnuptial Agreements
Already married? You can still sign a “postnuptial” agreement with many of the same benefits.
A prenuptial agreement is not just for the wealthy—it’s a smart planning tool for any couple seeking clarity and security. Work with a Virginia family lawyer like NOVA Legal Professionals to ensure your agreement complies with state law and reflects your wishes.
If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.
