Safeguarding Your Future With A Prenuptial Agreement
Sometimes, people understand that they would rather not deal with the standard spousal support and property division provisions of Virginia law. Prenup agreements can provide some flexibility on these rules and other problems that may arise in a divorce. At MacDowell Law Group, P.C., our lawyers have extensive experience helping individuals protect their assets through the use of a prenup.
We are prepared to help you develop a solid understanding of what a prenup can and cannot do for your situation. Call 571-748-5647 to speak with a qualified attorney in Fairfax today.
Dedicated Help With Protecting Your Interests
Our family law attorneys can draft, negotiate or review proposed prenuptial agreements prior to a marriage, and challenge or enforce their terms in the event of a marriage dissolution. These agreements are most useful for older couples, couples with extensive assets and remarrying couples who want the chance to define their own rights and responsibilities regarding certain issues.
A prenup can specify, expand or restrict certain rights otherwise covered under state law, including:
- Alimony or spousal support obligations, from a complete waiver to a specified lump sum
- Responsibility for certain marital or separate debts
- Distribution of tax attributes in the event of divorce
- Characterization of particular assets as marital or separate property for asset and property division purposes
- Alternative property settlement agreements (PSAs) based on the length of the marriage, whether or not there are children or the conduct of the spouses
- Rights in commingled property, such as a house bought by both spouses prior to marriage
- Restriction of rights to a premarital partnership or business property that could later be treated as a marital or hybrid asset
Prenuptial Agreements, Child Support And Child Custody
One thing a prenup agreement cannot do is reduce or waive the obligation of either parent fulfill child support responsibilities. While an agreement can address child custody and visitation questions, any such terms in the agreement can later be disregarded if they are shown to be inconsistent with the best interests of the children.
Ensuring Prenuptial Agreements Are Enforceable
To be enforceable, a prenup must be based on the full disclosure of the finances of the parties, be substantially fair to both parties at the time it is drafted and be entered into freely. The person proposing the agreement should also give the other person a reasonable chance for independent legal review by his or her own attorney. A prenup that is offered on a take-it-or-leave-it basis has little chance of being enforced by the court.