Pre-Nuptial and Post Nuptial Agreements in Virginia

Norfolk VA Divorce Lawyers – Family Law Attorneys

When couples decide to get married in Virginia, they are indeed affirming their commitment to one another, but they are doing so by entering into a contract of sorts. Though the possibility of a future breakup may seem remote when you are so much in love that you are ready to take the plunge, statistics tell a much different story. Up to half of all marriages wind up ending in divorce, and this is simply a fact of life that everyone should keep in mind. When you take this into account, entering into a pre-nuptial agreement is a very sensible thing to do that benefits both of the partners entering the marriage.

A pre-nuptial agreement is not something that implies that you and your spouse-to-be are not fully committed to one another or “hedging your bets.” It is simply a common sense failsafe that will be in place if indeed you wind up going your separate ways at some point in the future. If you make these plans when you are in a positive state of mind, balanced, and in love with your partner, the terms of the agreement are probably going to be very generous and fair. If you don’t have a pre-nuptial agreement in place and the marriage winds up going sour, a contested divorce may be the result, and they are costly, stressful and often times extremely acrimonious. All of those legal expenses and hard feelings can be avoided if there is a pre-nuptial agreement in place.

Most of us are well aware of the fact that a couple can choose to enter into a pre-nuptial agreement in Virginia, but you are also free to enter into a post nuptial agreement at any time during the marriage. Post nuptial agreements can spell out the agreed upon terms should the couple ever decide to separate or get a divorce, which would allow them to avoid the legal costs associated with typical divorce proceedings. One thing that is fundamentally different about the two types of agreements is that under Virginia law the parties are not required to provide one another with full financial disclosure when entering into a pre-nuptial agreement, but they must do so should they decide to enter into a post-nuptial agreement.

For more information about pre-nuptial and post nuptial agreements, consult with a Norfolk Virginia lawyer who specializes in matters of family law.