Most people do not enter a marriage with the thought that it will end in divorce. However, because the divorce process can be costly, time-consuming, and emotionally draining, many couples choose to enter into marital agreements.
Marital agreements resolve many issues the couple would face during a divorce. Therefore, the couple can avoid litigation. They negotiated fair terms for a divorce before their relationship began to deteriorate.
Our divorce lawyers at The Law Office of Afsana Chowdhury, PLC help clients negotiate postnuptial agreements in Fairfax, VA. We will diligently protect your best interests throughout the negotiations and execution of an agreement.
Call our law office at (703) 271-6519 to schedule a confidential consultation with a Fairfax postnuptial agreement lawyer. We’ll answer your questions and explain how a postnuptial agreement could help should you decide to end your marriage.
How The Law Office of Afsana Chowdhury, PLC Can Help You With a Postnuptial Agreement in Fairfax, VA
A couple may not have needed a prenuptial agreement before their marriage, or they might not have discussed one. However, their financial situations have changed, or other circumstances have arisen that make having a marital agreement desirable.
However, negotiating a postnuptial agreement can be complicated. You want to ensure you enter into a fair settlement, but you don’t want to give up more than necessary. Therefore, you need an experienced Fairfax divorce lawyer who has experience negotiating postnuptial agreements.
At The Law Office of Afsana Chowdhury, PLC, our family law attorneys have considerable legal experience. We have 5-star ratings with Avvo and Google Business Reviews.
We also have a perfect 10.0 rating with Justia. Our lawyers are recognized by numerous organizations, including the American Institute of Family Law Attorneys, Expertise.com, the National Academy of Family Law Attorneys, and Super Lawyers.
When you hire our top-rated marital agreement lawyers in Fairfax, Virginia, you can trust that we will:
- Explain your rights regarding a postnuptial agreement
- Assist you in prioritizing your goals for a marital agreement
- Negotiate with your spouse or their attorney to arrive at fair terms for the postnuptial agreement
- Draft a legally binding marital agreement and ensure that it is executed correctly
- Advocate for your best interests throughout the entire process
Call us today to schedule an initial consultation with a Fairfax postnuptial agreement attorney. We are here to help when you need trusted legal advice regarding divorces, marital agreements, and other family law matters.
What Is a Postnuptial Agreement in Virginia?
A postnuptial agreement is similar to a prenuptial agreement. However, it is signed after the couple is married.
The Virginia Premarital Agreement Act governs prenuptial agreements. Section 20-155 states that married people can enter into agreements to settle the rights and obligations of either or both of them to the same extent as provided in the code for premarital agreements.
The postmarital agreement has the same effect and is subject to the same conditions as provided in the code for premarital agreements. The postnuptial agreement is effective immediately upon its execution by both spouses.
What Can I Include in a Postnuptial Agreement in Virginia?
We will discuss what you can include in your agreement as we prepare to negotiate the terms with your spouse. Generally, you can include the same terms in a postnuptial agreement as in a prenuptial agreement.
Postnuptial agreements can include provisions such as:
- The property rights of each spouse, including identifying current and future separate and marital assets
- The terms of property division during a separation or divorce
- The terms of spousal support/alimony
- How to divide retirement accounts and pensions after a divorce
- How the parties will divide a family business
- A plan for managing household bills, joint accounts, investments, and other financial matters in the future
- How you will file tax returns in the future
- Whether spousal gifts during the marriage will be considered separate assets or marital property
Spouses may desire to enter a postnuptial agreement for many reasons. For example, one or both spouses intend to open a business, acquire substantial assets, or change their minds about having a prenup. The couple may want to negotiate a plan for handling their finances moving forward.
What Are the Benefits of Having a Postnuptial Agreement in Fairfax, VA?
A postnuptial agreement can benefit a couple in many ways; it can:
- Ensure that a family-owned business remains in the hands of blood relatives
- Resolve financial matters while the couple is calm and not in an adversarial position
- Allow the couple to engage in open and honest discussions regarding family and personal finances
- Reduce the costs of a divorce by avoiding litigation
- Develop a roadmap for future financial matters
- Have more privacy during a divorce
- Protect the spouses from being responsible for premarital or separate debts
- Determine how commingled asses will be treated during a divorce
A postnuptial agreement cannot resolve all issues that must be addressed during a divorce. For example, couples may include terms related to child custody and child support. However, those terms are not enforceable.
The court has jurisdiction over matters related to children during a divorce. Child support is calculated based on the Virginia child support guidelines. Child custody decisions are based on the best interests of the child. Even though parents are encouraged to work together to resolve custody arrangements, the court reviews the custody agreement to ensure it is in the child’s best interest.
What Are the Requirements for a Postnuptial Agreement in Virginia?
Postnuptial agreements must be in writing and signed by both spouses to be legally enforceable in Virginia. All financial matters must be fully disclosed for an agreement to be valid.
Several things could result in a postnuptial agreement being unenforceable, including:
- A spouse was forced or coerced into signing a postnuptial agreement
- The agreement is unconscionable, which means it is so unfair that it is shocking
- A spouse used fraud or trickery to obtain the postnuptial agreement
- The terms of the agreement are unfair or unreasonable because of circumstances arising after it is signed that the couple could not foresee
- A party concealed assets or financial matters
- A spouse did not have adequate time to seek legal advice and/or review the postnuptial agreement before signing it
- The postnuptial agreement was not executed correctly
- A spouse did not have the capacity to enter into an agreement
A judge can void a portion of a postnuptial agreement or order the entire agreement to be void. If a marital agreement is ruled invalid, the couple would need to litigate the matters related to their divorce if they cannot negotiate a divorce settlement.
You can take steps to ensure that your postnuptial agreement is valid and legally binding. Hiring separate attorneys to negotiate a postnuptial agreement is advisable. This reduces the risk of the agreement being unconscionable, executed incorrectly, or executed because of force or fraud.
Can You Modify a Postnuptial Agreement in Fairfax, VA?
Marital agreements are not set in stone. If the spouses agree to modify the terms of a postnuptial agreement, they can do so. However, the modification must be in writing, and the same requirements outlined above would apply.
Postnuptial agreements can also be revoked. Both spouses must agree to revoke the agreement, and the revocation must be in writing and signed by both parties.
Should I Enter Into a Postnuptial Agreement With My Spouse?
The reasons for postnuptial agreements vary. A couple’s circumstances and desires dictate whether they should negotiate and sign a postnuptial agreement.
It is important to remember that postnuptial agreements are contracts. The court can enforce the terms of the agreement even if you change your mind. Unless there is a valid legal reason for voiding the agreement, you are bound by the terms unless your spouse agrees to modify or revoke it.
As with all legal matters, it is wise to seek legal advice from an experienced attorney. Our Fairfax family lawyers at The Law Office of Afsana Chowdhury, PLC, are ready to help you. We’ll discuss the pros and cons of a postnuptial agreement and the legal implications of signing one.
If you are considering a postnuptial agreement and don’t know how to broach the subject, our lawyers can help you develop a strategy for bringing it up with your spouse. The first step is to talk with a Fairfax family law attorney to learn more about postnuptial agreements in Virginia. A clear understanding will help you present a sound argument to your spouse about why you need a marital agreement.
Schedule a Consultation With Our Fairfax Postnuptial Agreement Lawyers
Are you considering signing a postmarital agreement in Fairfax, VA? If so, don’t proceed without sound legal advice from an experienced Virginia family law attorney. Call us to schedule a consultation to meet with one of our attorneys.
