By: Betty Moore Sandler, AAML, IAFL, Partner with Nichols Zauzig Sandler, P.C

More couples are entering into post-marital agreements than ever before, according to the American Academy of Matrimonial Lawyers. (AAML) In the past three years, half of all family lawyers who responded to a survey say post-nuptial agreements are on the rise.

A post-nuptial agreement is a voluntary contractual relationship between spouses about how assets and liabilities would be divided due to death or divorce.  It is not necessary to have a pre-nuptial agreement in place in advance.

Virginia recognizes post-nuptial agreements, and the reasons behind couples seeking them vary, including:

  • One or both of the spouses have children from prior relationships and want to ensure assets go to them.

  • Since the time of the marriage, one of the spouses has formed a business partnership and wants to protect it from the potential financial impacts of a divorce.

  • One spouse steps out of the workplace to care for the couple’s children or another relative and wants to ensure financial security.

  • An unexpected inheritance, or another source of income, arises that significantly changes the financial status of one of the spouses

  • If an existing pre-nuptial agreement is in place, couples experience a change in fortune or circumstance often wish to update the agreement to reflect the changes.

It is recommended couples be represented by separate counsel when pursuing post-nuptial agreements. In all cases, the quality of the agreement is dependent upon the clarity and defensibility of the legal document.

As a family law attorney experienced in preparing such complex documents, I welcome your phone call or email to begin the process of moving forward with a post-nuptial agreement. Please call 703-492-4200 for an appointment in Stafford, Prince William or McLean. You may also request an appointment using the email contact form on our website.

 

DISCLAIMER: The results of every case depend on factors unique to that case, and NZS Law does not guarantee or predict results in similar cases.