Virginia Prenuptial Agreement Lawyer — What Should Your Prenup Include?
A Virginia Prenuptial Agreement Lawyer from Law Offices Of SRIS, P.C. helps couples create a legally sound contract before marriage. Under Virginia law, these agreements define property rights and financial responsibilities. Our firm, founded in 1997, provides clear guidance on drafting a prenuptial agreement that meets state requirements and protects your interests.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Understanding Prenuptial Agreements in Virginia
A prenuptial agreement, or premarital agreement, is a contract entered into by a couple before marriage. It governs the division of assets, debts, and spousal support in the event of divorce or death. Virginia’s Uniform Premarital Agreement Act, codified in Va. Code § 20-155, sets the legal framework for these contracts. For an agreement to be enforceable, it must be in writing, signed voluntarily by both parties, and with full financial disclosure. A skilled prenuptial attorney ensures the agreement is fair and complies with all statutory requirements to prevent future challenges.
Key Considerations for Prenup Drafting
Effective prenup drafting requires attention to detail and foresight. A marital agreement lawyer focuses on several critical areas to build a strong contract.
- Full Financial Disclosure: Both parties must completely and accurately list all assets, debts, and income. Hiding assets can invalidate the entire agreement.
- Define Separate vs. Marital Property: Clearly specify which assets each party brings into the marriage and wishes to keep separate, and how future acquisitions will be classified.
- Address Spousal Support: The agreement can establish terms for alimony or waive it entirely, provided the waiver is not unconscionable at the time of enforcement.
- Plan for Future Changes: Consider including provisions for how the agreement will handle the birth of children, career changes, or significant inheritance.
- Independent Legal Counsel: While not always legally required, having each party represented by their own lawyer significantly strengthens the agreement’s enforceability.
Postnuptial Agreements in Virginia
If you are already married, a postnuptial agreement serves a similar purpose. This contract is created after the wedding date to define financial rights and responsibilities. Virginia law also governs postnuptial agreements, and they must meet similar standards of voluntariness and disclosure. A postnuptial can be a practical tool for couples who experience a significant change in financial circumstances after marriage or who did not create a prenup.
Why Choose Our Firm for Your Prenuptial Agreement
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep, firsthand insight into the property laws that prenuptial agreements are designed to address. We approach each agreement with meticulous attention to the procedural and substantive details that ensure its long-term validity.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location is accessible via I-66 and Route 50. We serve clients across Northern Virginia, including the communities of Fairfax, Arlington, Loudoun, and Prince William. Consult with a Virginia prenuptial agreement lawyer near you. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Virginia Prenuptial Agreement FAQs
Does Virginia enforce prenuptial agreements?
Yes. Virginia enforces prenuptial agreements under the Uniform Premarital Agreement Act (Va. Code § 20-155 et seq.), provided they are in writing, signed voluntarily, and accompanied by fair financial disclosure from both parties.
Can a prenup address child custody and support?
No. A prenuptial agreement cannot determine child custody, visitation, or child support obligations. Virginia courts decide these matters based on the child’s best interests at the time of separation, and parents cannot contract away these rights.
What makes a prenuptial agreement invalid in Virginia?
It depends. Common reasons for invalidity include lack of voluntary signing, fraud or duress, incomplete or fraudulent financial disclosure, or terms that are unconscionably unfair at the time of enforcement.
Should I have my own lawyer for a prenup?
Yes. While not an absolute legal requirement, having independent legal counsel for each party is strongly advised. It helps ensure both understand the terms and strengthens the agreement’s enforceability if challenged later.
What is the difference between a prenup and a postnup?
The timing. A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the wedding. Both serve to define financial rights, but postnuptial agreements may be scrutinized more closely for signs of coercion.
Last verified: April 2026. Information current as of 2026-04-02. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney advertising. Prior results do not aim for a similar outcome.