Virginia’s laws surrounding marriage and divorce apply uniformly to all Virginia residents. But, every couple is different. Some couples, particularly those marrying later in life, join lives with already complicated property interests of his/her own. That couple may have expectations about what happens to those property interests after their marriage, and those expectations may differ from what the law commonly provides.
Even if you do not presently intend to enter into a prenuptial agreement, it is prudent to meet with an attorney who can inform you what your rights are before you are married so you can determine whether you need an agreement. While many people still commonly refer to these agreements as “unromantic’ or “cynical,” these agreements are the smartest way to address a couple’s understanding of his/her assets, liabilities, and future support needs at a time when both people are stable and level headed.
If you are considering entering into a prenuptial agreement, our attorneys can help you understand what can go into such agreements and listen to your concerns and individual needs to help you determine how you may wish to structure an agreement that ensures you are meeting you and your prospective spouse’s objectives.
These agreements can address the rights that each spouse has in his/her current property and how those may or may not change upon their marriage. The agreements may further address how property may be divided in the event of a separation and/or divorce, and what each spouse’s rights to support may be in the event of dissolution of their marriage.
Even if you have already married, but wish to define rights and obligations as a result of your marriage, you may still do so in much the same way as a prenuptial agreement would do so by entering into a postnuptial agreement. These agreements can address property that was owned before or after the marriage as well as prospective assets.
Whether you are considering a prenuptial or a postnuptial agreement, meet with one of our experienced attorneys to get educated on what the law provides and how you may be able to proactively address concerns based on your individual circumstances.