Almost everyone considering getting married believes that their relationship will last for the rest of their lives. Unfortunately, this is not always the case, and many statistics indicate that around half of all couples end their marriages in divorce. For people entering into marriage with substantial assets, a prenuptial agreement or “prenup” can be a wise decision. Prenuptial agreements are specialized contracts that clarify the rights and obligations of each party in the event of a divorce. Because of the formalities involved with drafting of an enforceable prenup as well as the potential financial ramifications, it is important to discuss your options with an experienced Virginia family law attorney as soon as possible.
Virginia Code § 20-150 lays out the content that may be included in a prenuptial agreement. People who wish to enter into a prenup prior to getting married can agree to the following:
- Property rights and obligations to any property that they may or have already acquired
- Rights in any real estate that either party may own
- The way property is divided in the event that a coupe separates, divorces, or in the occurrence or nonoccurrence of any event
- Spousal support
- The creation of a will, trust, or other arrangement in order to carry out the provisions of the agreement
- The ownership rights and disposition of a life insurance policy
- Choice of law provisions
- Any other matters, provided that they are not against public policy or in violation of criminal law·
As this list makes clear, the provisions of a prenuptial agreement can implicate a wide variety of issues, ranging from financial issues to personal matters such as the disposition of property in the event of spousal infidelity. As a result, a couple who is considering entering into a prenup should likely discuss their goals and concerns with an attorney who is familiar with drafting such agreements. In some cases, a lawyer may be able to alert you to issues that you may not have even realized existed when you decided to get married. Consulting with an attorney is the best way to ensure that your rights and property are protected in the event that your relationship with your spouse unexpectedly ends.
Contact a Virginia Premarital Agreement Attorney Today
Virginia family law attorney Raymond Benzinger is dedicated to helping people considering a premarital agreement protect their property and financial futures. To schedule a free consultation, call the Law Office of Raymond B. Benzinger today at (703) 312-0410.