Legal Professionals of Hirsch & Ehlenberger

Crafting a legally binding postnuptial agreement in Virginia

On Behalf of | Jun 21, 2024 | Prenups and Postnups

For newlywed couples, the early phase of marriage is an exciting time. As you begin this new chapter of your life together, discussing financial transparency can strengthen your relationship. A postnuptial agreement is a practical tool if you are looking to clarify your financial rights and responsibilities during your marriage. Here are key considerations to ensure that your postnuptial agreement is valid.

What is a postnuptial agreement?

A postnuptial agreement is a legal contract that you enter after your wedding. This document outlines the distribution of your assets and responsibilities in the event that you pursue a separation or divorce.

What makes a postnuptial agreement valid?

For a postnuptial agreement to be valid in Virginia, you must have it in writing. Both of you must also sign the document. Here are the key factors contributing to its enforceability:

  • Financial transparency: Both of you must fully disclose your financial information. This transparency helps prevent disputes over undisclosed assets should the agreement ever come into play.
  • Voluntary agreement: Both of you must voluntarily agree to the terms without any pressure or coercion. Adequate time for consideration is also essential to prevent claims of duress.
  • Independent legal counsel: Each of you should seek advice from separate attorneys. This ensures that you understand the terms and maintain the integrity of the agreement.
  • Fairness: The agreement must be equitable and not place either of you at a disadvantage. Terms should be fair and not overly favor one party.

Ensuring these elements are in place can enhance the strength of a postnuptial agreement. It is not just about drafting a document; it is about creating a mutual understanding that respects both sides.

Keep postnuptial agreements updated

Financial situations could change throughout your marriage. Review and update your postnuptial agreement periodically to reflect any significant changes in your finances or family circumstances.

By following these guidelines, you can create a postnuptial agreement that not only respects the legal standards of Virginia but also supports the foundation of trust and open communication in your marriage. Remember, a well-crafted postnuptial agreement can secure your financial future and lead to a healthier, more transparent relationship.


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