Legal Professionals of Hirsch & Ehlenberger

What should you know about prenuptial agreements?

On Behalf of | Feb 22, 2024 | Prenups and Postnups

Drafting a prenuptial agreement can serve as a proactive step towards establishing clear financial understandings and protections before marriage. This document can detail how you and your partner will handle everything from premarital assets and debt responsibilities to financial arrangements during the marriage and in the event of divorce or death.

Crafting a comprehensive and enforceable prenuptial agreement is a delicate process that involves understanding legal requirements and reflecting on personal circumstances. It must represent the interests of both parties because a one-sided prenup won’t be enforceable in court.

Contents of a prenuptial agreement

If you’re thinking about drafting a prenuptial agreement, know that you can use the opportunity to clearly define the ownership, control and distribution of current and future assets and liabilities. This often covers premarital assets, property acquired during the marriage, retirement benefits and debts. All the prenup’s terms should be as detailed as possible to avoid any potential issues if the agreement has to be enforced during a separation or divorce.

You can also include provisions for spousal support in the case of separation or divorce. However, it’s crucial that your agreement respects Virginia’s laws and doesn’t attempt to waive or violate unalterable rights, such as child support obligations.

Presentation of the agreement

Introducing the idea of a prenuptial agreement to your partner is critical. It’s best to bring up the topic openly and early in the engagement, allowing both of you plenty of time to consider the terms, seek independent legal advice and discuss terms without feeling rushed.

Presenting the agreement as a mutual protection measure rather than a sign of mistrust can help frame the conversation positively. Ensuring that you and your betrothed have the opportunity to input on the agreement’s terms makes it a fair reflection of your mutual understanding.

Ensuring your prenuptial agreement is enforceable

To maximize the enforceability of your prenuptial agreement, it’s wise for you and your partner to have independent legal counsel. This will help to ensures that both parties’ interests are fully represented and understood, minimizing future disputes concerning the issue of fairness.

Crafting a prenup isn’t a task that every couple completes but, for those who do, it can serve as a solid foundation upon which to build a lasting union. And, in the event that the union ends, it can serve as a form of protection for the interests of both parties.


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