Prenuptial Agreements

Man signing documentPrenuptial Agreements are wise for anyone entering into a marriage with wealth they want to protect. The reasons individuals may want to protect themselves vary. They may have already gone through a divorce, they may have worked hard to earn their assets, either party owns a business, they may want to protect funds for the benefit of existing children, or they may just want to have questions answered in the event of a divorce or death.

Our attorneys are familiar with the laws governing these types of agreements. They can assist by drafting a Prenuptial Agreement or Marital (postnuptial) Agreement for you, or we can review a proposed agreement to ascertain if it is a document that will bring about a fair result in the event of death or divorce, prior to you signing it. More often than not, there is a negotiation that goes on before any agreement is signed. Basically, each party should have their own attorney; the negotiation or signing of the contract should not take place under duress; and there should be a full disclosure of each party's property, assets, and debts, or a waiver of the right to such a disclosure.

 

For more information, schedule a consultation or call 703.279.5140.

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FAQ

Do I have to have a prenuptial agreement to protect my interests?

No. The law will generally allocate to you any property you owned before marriage if you do not mingle it to the point of non-recognition with marital property and the courts will divide marital property between the parties absent an agreement in the event of a divorce. A prenuptial agreement, however, removes the uncertainty of a judicial determination.

What happens to the agreement if we don't marry?

They are valid upon marriage, so the contract is never validated if there is no marriage.

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