Home Family Law Prenuptial Agreements

Fairfax Prenuptial Agreement Attorneys

Sometimes, people understand that they would rather not deal with the standard spousal support an 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 Fairfax prenuptial agreement 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. Contact our Fairfax family law attorneys online or call (703) 277-2811 to schedule an appointment to discuss your situation.

Dedicated Help With Protecting Your Interests

At MacDowell Law Group, P.C., our lawyers can draft, negotiate or review proposed prenuptial agreements prior to a marriage, and challenge or enforce their terms in the event of divorce. 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 maintenance rights, 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 property division purposesĀ 
  • Alternative property settlement agreements 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 to pay child support. 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.

Contact Our Vienna Prenup Lawyers

To find out whether a prenup is right for you, speak with us. Contact our Fairfax prenuptial agreement attorneys online or call (703) 277-2811 for an initial consultation to discuss your situation.

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