Prenuptial / Post nuptial Agreements

Prenuptial / Post nuptial Agreements Fairfax Northern Virginia

As the average age of marriage has increased over the years, many couples are entering into marriage with established careers, growing assets, and individual financial responsibilities. While no one enters marriage expecting it to fail, the reality is that many marriages do end in separation or divorce. For this reason, it is increasingly common—and often wise—for couples to proactively address financial matters before or during their marriage.

At MMG Law, our team takes a thoughtful, strategic approach to helping clients draft premarital (prenuptial) and postnuptial agreements that are tailored to their unique circumstances. While it may seem uncomfortable or unromantic to discuss these topics, doing so in advance—when the relationship is strong—can prevent stress, confusion, and legal conflict down the road.

Understanding Premarital Agreements

Under Virginia’s Premarital Agreement Act, a premarital agreement is a written contract between prospective spouses made in contemplation of marriage and effective upon marriage. These agreements may address:

Ownership and management of property
Disposition of assets upon separation, divorce, or death
Spousal support
Creation of wills or trusts
Rights to life insurance benefits
Choice of governing law
Any other lawful personal or financial matters

Premarital agreements are enforceable when signed voluntarily by both parties, and provided they include fair and reasonable disclosure of assets or a written waiver of such disclosure. They are not limited to high-net-worth individuals—couples of all financial backgrounds use them to establish clear financial expectations, out of mutual respect and consideration.

Postnuptial Agreements: A Flexible Alternative

For couples who are already married, a postnuptial agreement serves a similar purpose and can be entered into at any point during the marriage. These agreements are particularly helpful when:

One or both spouses acquire significant assets after marriage
There is a shift in financial priorities or goals
The couple wants to clarify responsibilities during a period of marital difficulty
Estate planning or inheritance concerns arise

Like premarital agreements, postnuptial agreements must be in writing and are enforceable under Virginia law if both parties enter into them voluntarily, with full financial disclosure and without coercion.

Why Timing and Counsel Matter

When it comes to marital agreements, timing and preparation are essential. Addressing financial matters before conflicts arise—ideally well in advance of a wedding or at a stable point in the marriage—can ease future transitions and reduce emotional and legal stress.

At MMG Law, we are here to guide you through the process. We offer confidential, one-on-one consultations to discuss your goals and help you understand your options. With decades of combined experience, our team is well-equipped to help you protect your interests and build a secure foundation for the future.