Fairfax Marital & Prenuptial Agreement Attorneys

It is important to have an experienced and thorough family law attorney draft or review marital and prenuptial agreements. In fact, there are several strong, practical reasons for doing so — not the least of which is protecting you from the considerable expense and emotional toll that a litigated divorce can impose.

At Wexell Milman, marital and prenuptial agreements have become a common part of our family law practice. Our lawyers can explain to you what subject matters should be included in these agreements, what it takes to ensure their legal validity, and what provisions are reasonable and appropriate based on your situation.

What is a Prenuptial Agreement?

Prenuptial agreements are often thought of only as a tool that wealthy spouses use to protect their assets in the event that they get a divorce. In truth, you do not have to be wealthy to have assets that you want to protect, or to want to address the issue of spousal support.

In addition to their value in terms of asset protection, prenuptial agreements can settle a number of other important questions, including:

• Who brought what property and debt into the marriage?
• What happens if one spouse or the other dies or is incapacitated?
• How will property, assets, and debts be divided in the event of a separation or divorce?
• Will spousal support claims be waived or limited?
• Can a party to the agreement make a claim against the estate of the other party upon death?

To defeat any claim that the prenuptial agreement is unenforceable, certain formalities must be observed in the negotiation and drafting process. Basically, each party should have their own divorce 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.

What Is a Postnuptial Agreement?

A postnuptial (or post-marital) agreement is a mechanism to divide your marital property and debt, provide for support, and resolve child custody and visitation issues. Postnuptial agreements provide a level of certainty and allow you and your spouse to decide these important issues, as opposed to having a judge decide these issues for you.

For answers to the questions you have about prenuptial or postnuptial agreements, contact us online or call (703) 454-5448. Daytime, early evening, and Saturday morning consultations are available by appointment. Major credit cards are accepted.