Postnuptial Agreement in Fairfax, Virginia

Virginia Family Law Attorneys Drafting Postnuptial Agreements Since 1981

A postnuptial agreement is a legally binding contract that married spouses enter into after the wedding to define their financial rights and obligations. Unlike a prenuptial agreement, it’s created while the marriage is ongoing, making it a practical tool when circumstances shift after vows are exchanged. A new business, a significant inheritance, a career change, or a reconciliation after a period of difficulty are all common reasons couples in Fairfax choose to formalize financial terms. At Wexell Milman, we guide spouses through drafting clear, enforceable agreements tailored to their specific situation.

Our firm has dedicated its practice primarily to family and domestic relations law since 1981, and we serve clients in Fairfax and throughout Northern Virginia. Consultations are available by appointment.

To discuss a postnuptial agreement with our attorneys, call us at (703) 454-5448. We’re ready to help you establish terms that reflect your goals and are designed to comply with Virginia law.

What a Postnuptial Agreement Can Cover in Virginia

Virginia law gives married couples substantial flexibility in what they can address through a marital agreement. We work with clients to identify which provisions are appropriate and reasonable for their circumstances. Common subject areas include:

• Separate and marital property: Identifying which assets remain separate property and how commingled funds will be treated
• Property division: Establishing how assets and debts will be divided upon separation or divorce, reducing exposure to contested equitable distribution proceedings
• Spousal support and alimony: Defining whether support will be paid, by whom, and on what terms
• Retirement accounts and pensions: Addressing how deferred income and retirement assets are classified
• Family business interests: Protecting ownership, valuation, and continuity of a business from being drawn into divorce litigation
• Inheritance and estate planning: Coordinating how assets pass to children from a prior relationship or other heirs

One area Virginia courts won’t enforce through a postnuptial agreement is child custody or child support. Those matters are decided at the time of divorce based on the child’s best interests and Virginia’s child support guidelines, regardless of what any prior agreement states.

Virginia Law Requirements for a Valid Postnuptial Agreement

Postnuptial agreements in Virginia are governed by Virginia Code § 20-155, which subjects them to the same conditions as premarital agreements under the Virginia Premarital Agreement Act (§§ 20-147 through 20-154), with one key distinction: a postnuptial agreement takes effect immediately upon execution rather than at marriage. Getting the process right from the start can affect whether an agreement is upheld when it matters.

For an agreement to be enforceable, Virginia law requires:

• Financial disclosure: A court may find an agreement unenforceable where a spouse wasn’t provided fair and reasonable disclosure of the other party’s property or financial obligations and didn’t voluntarily and expressly waive that right in writing
• Voluntary execution: A court may void the agreement if a spouse didn’t sign voluntarily, for example, due to coercion or undue pressure at the time of signing
• No unconscionable terms: An agreement may be unenforceable if its terms were unconscionable at the time it was executed
• Independent legal representation: Each spouse having their own attorney can substantially reduce the risk of a later challenge

We pay close attention to timing and process throughout drafting to avoid any suggestion of last-minute pressure or inadequate review. One additional point worth knowing: under Virginia law, reconciliation after signing a separation or property settlement agreement will abrogate that agreement unless it expressly states otherwise. We make sure our clients understand that distinction before they sign.

Why Fairfax Couples Choose to Enter Postnuptial Agreements

Resolving financial questions while both spouses are calm and cooperative tends to produce more balanced terms than negotiating during a contested divorce. A postnuptial agreement reached by mutual consent can help reduce the cost and uncertainty of a future divorce by establishing agreed terms in advance, potentially limiting the need for litigation over property and support. The drafting process itself often encourages open financial communication between spouses, which can be constructive for the marriage.

For couples who have built a business together or separately, a marital agreement can help protect that business from equitable distribution, preserving continuity for employees, partners, or family stakeholders. Blended families frequently use postnuptial agreements to protect assets intended for children from a prior relationship. After marital difficulty followed by reconciliation, a postnuptial agreement can also reinforce a renewed commitment by putting agreed financial terms on paper, reducing the potential for the same disputes to resurface.

Why Fairfax Clients Work with Wexell Milman

Our practice has been concentrated in Virginia family and domestic relations law for over four decades. That depth means our attorneys understand how postnuptial agreements interact with divorce, spousal support, and property division proceedings in the Fairfax Circuit Court and before the Court of Appeals of Virginia. We don’t draft agreements in isolation. We draft them with an eye toward how they may perform if they’re ever tested. We pursue cost-effective resolutions outside of court whenever possible, and we’re prepared to advocate in the Fairfax Circuit Court when negotiation isn’t sufficient.

Richard Wexell’s Credentials

Richard Wexell holds an AV Preeminent rating from Martindale-Hubbell, the highest possible peer rating for legal ability and ethical standards. He has been selected by Best Lawyers of America in family law, was named to Super Lawyers from 2007 through 2022, and was recognized by Northern Virginia Magazine as one of the region’s top divorce lawyers. He devotes approximately 50% of his family law practice to litigation and has lectured for the American Bar Association and state and local bar associations on property division and spousal support. That courtroom experience shapes how we draft: we anticipate the arguments a court might hear and build agreements designed to withstand scrutiny.

Schedule a Postnuptial Agreement Consultation in Fairfax

Whether you’re drafting a new agreement or need a review of an existing one, Wexell Milman can help you understand your options and move forward with confidence. Appointments are available by appointment. Major credit cards are accepted.

Call Wexell Milman at (703) 454-5448 or reach us through our online contact form to schedule your consultation. We serve clients in Fairfax and throughout Northern Virginia.