Pre & Post Marital Agreements
Is a Prenuptial Agreement for You?
Marriage requires trust, hope and faith. For some couples, considering a premarital agreement demonstrates that they trust each other to act fairly — and wish to spell out their financial expectations through an enforceable, personalized contract. If a prenuptial agreement is properly done, a couple entering into marriage will have written proof that both understood their agreement.
In marriage, two individuals are united not only in identity but also in legal and financial aspects. A premarital agreement can stipulate how property will be controlled upon the death of one party, as well as in case of a divorce down the road.
Contact Us to Talk to a Well-Qualified Family Law Attorney About a Prenup
To discuss concerns or questions about a possible prenuptial agreement in Virginia, call or e-mail Barnes & Diehl, P.C., the largest family law firm in the state.
Does Preparation of a Premarital Agreement Predict Divorce?
Most engaged couples do not anticipate divorce as a likely eventuality in their relationship. There are times, however, when it makes sense to consider some of the "what if" questions:
- One or the other of the future spouses may have large assets.
- A father or mother who is engaged may wish to protect family property (real estate, heirlooms or cash assets) for future inheritance by children born of any previous relationship(s).
- One or the other of the engaged people may own or co-own a business or investments.
- Older couples may have well-established assets and decide not to commingle existing premarital property.
Through a premarital agreement, an engaged couple can craft their own marital contract that will take into account personal or unique factors in a marriage. The question of whether to put a premarital agreement in place belongs to no one else than the couple themselves.
A lawyer cannot tell a client whether he or she should have a prenup in place before marriage — but the lawyer can listen, analyze, educate and advise a client who is considering signing such a document.
Many couples find the process of discussing a possible prenuptial agreement to be helpful in clarifying a common understanding. At Barnes & Diehl, P.C., we practice a team approach that gives clients access to a wealth of legal knowledge and experience.
Questions and Topics to Consider When Contemplating a Prenuptial Agreement
When engaged Virginians contact Barnes & Diehl, P.C., requesting counsel or representation in the creation or formalization of a premarital agreement, we are prepared to offer personalized advice based on experience, the law and the couple's unique circumstances such as the following:
Similar questions may arise during a marriage — perhaps in connection with a reconciliation, an inheritance or a business venture. A post marital agreement can codify the understanding between a husband and a wife regarding property issues such as business interests.
Contact Us to Schedule a Consultation on Premarital or Post Marital Agreements
An attorney from Barnes & Diehl, P.C., is a valuable source of information and assistance for engaged individuals or married individuals who wish to craft customized agreements about control of assets during a marriage or dispersal in the unlikely event of a divorce. We will help you identify the key issues and take appropriate action.
Talk to one of our attorneys about the pros and cons of a prenuptial agreement and how to prepare one that is fair, clear and enforceable. Contact us at our offices in Richmond or Chesterfield for a review of your options as you prepare to marry or seek clarity after a change of circumstances during a marriage (such as startup of a business or receipt of an inheritance.)
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