Prenuptial/Postnuptial Agreements
Understanding
Prenuptial and Postnuptial Agreements
A prenuptial agreement or “prenup” is a contract that clearly defines the classification of property owned by people engaged to be married. It is meant to make the event of a divorce more predictable and less costly to the parties.
A prenup includes full identification and disclosure of all property and assets owned by the parties, the division of property acquired during the marriage, and agreements regarding any spousal support. Full and complete disclosure of all assets is essential for making a prenup enforceable.
A postnuptial agreement is governed by the same rules as a prenup with the main difference being that it is signed after the parties are married. This would be a situation in which a party receives an inheritance that they want to ensure remains separate. Like a prenup, a postnup requires full and complete disclosure.
Because prenups and postnups directly impact your rights and obligations in the event of a divorce, consult with one of our attorneys to ensure that it is properly prepared and executed.
A prenuptial or postnuptial agreement is a smart way to safeguard your assets, clarify financial expectations, and provide peace of mind for the future. Whether you're planning to marry or are already married, these legal agreements can address property division, spousal support, and other important matters.
At SMITH | ASHCRAFT, we help individuals and couples create customized agreements tailored to their unique circumstances. Our experienced attorneys ensure your rights are protected while fostering open, honest discussions about financial planning.
Take control of your financial future—contact us today to learn more about prenups and postnups.
Everything You Need to Understand to
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Grounds for Divorce
In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds.
Learn more about what type of divorce would best represent your situation.
Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
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