Prenuptial Agreement

Virginia Prenuptial Agreement Lawyer

People who believed in their heart they would be married forever nonetheless end up in divorce. It happens. A premarital agreement is not a comment on the foundations of your marriage. It is a practical and prudent contract that provides peace of mind and avoids unnecessary litigation.

Fairfax attorney Raymond B. Benzinger has drafted, reviewed and litigated premarital agreements for clients across northern Virginia. Arrange a consultation for experienced counsel for your situation.

Premarital Agreements

A prenuptial agreement is wise if you bring substantial assets to the marriage and your fiancé or fiancée does not. It keeps your separate property in your own name and possession in the event of divorce. Whatever new wealth you build together during marriage is split fairly under Virginia law, but those defined assets in the premarital contract are not divided.

Premarital agreements can address property division and can either stipulate or waive alimony, but they cannot address child custody or child support.

Other Common Scenarios

Remarriage — Couples may bring similar assets to a second marriage, but keep property separate to preserve inheritance for their children.

Marrying late — Individuals in their 30s or beyond may own a house, a car and significant retirement assets when getting married for the first time.

During marriage— Married couples may draft a marital agreement at any point to clarify property or address newly acquired assets.

Mr. Benzinger can review a proposed “pre-nup” and sometimes advises a client not to sign it. A premarital agreement must be fair and fully disclose all assets to stand up in court.

Contact a lawyer who has 25 years of experience in divorce law and property division laws of Virginia.

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