Prenuptial Agreement Lawyer Virginia
Are you planning to marry the love of your life? Have you stayed up all hours of the night drafting the best wedding vows? If your answer to either question is “yes,” it would behoove you to spend some time drafting a prenuptial agreement, as well. Contrary to popular belief, prenuptial agreements do not encourage divorce, and they don’t mean that you don’t love your intended. If you’d like to learn more about these protective contracts and how May Law, LLP can help you write one, then please continue reading the article below.
What Is A Prenuptial Agreement?
A prenuptial agreement, fondly called a “prenup” is a marital contract that states which assets and property gathered before and during the marriage will go to you or your spouse should you two part. Many engaged couples write prenups for many reasons. One reason is that they want each other to know that their marriage isn’t about the money, but is about the love instead. Another reason is that they want full transparency between each other regarding who has what. Yet another reason for a prenup is to protect what is yours in the matter that you two do separate down the line.
What Can You Include in A Prenuptial Agreement?
This may come as a surprise, but you cannot write anything into a prenup. A prenup is a legally binding contract, after all. A judge must abide by what it decrees unless some exception allows. Therefore, there are some federal and state rules regarding what can and can’t be included in your prenup. Before piecing together this contract, you should speak with the most knowledgeable Prenuptial Agreement Lawyer in Virginia has to offer–the attorneys at May Law, LLP.
Generally, in your prenup, you may include:
- Spousal support arrangements (such as whether you will pay spousal support should you divorce or how much spousal support you’ll pay per month)
- Life insurance
- How property will be distributed (each spouse’s right to sell, lease, and buy property)
- How you will split the proceeds from selling or leasing property
What Can’t You Include In A Prenuptial Agreement?
It is equally important to know what you cannot include in a prenup. For example, you cannot include anything about child support and child custody in a prenuptial agreement. You cannot include either of these things because 1) child support is a legal right of the right. You can’t contract your way out of owing this legal obligation as a parent; 2) When it comes to children, Virginia considers the best interest of the child. One parent may not be as suitable to have custody or one parent should only have supervised visits. Because a court must make this determination, neither you nor your intended spouse can dictate the best interest of your (unborn) child in a prenup.
You also can’t include:
- Gender or marital roles
- How to parent your child(ren)
- Where to spend holidays
- What should be done to the other spouse’s property that’s not in your name
- Illegal activities
All in all, love is essential to a healthy life and so is a marital contract. The benefits to a prenuptial agreement are numerous, and they’re bound to give you and your future spouse a peace of mind. But writing them and making certain that they are thorough can be difficult, so don’t do it alone. Instead, utilize our free consultation and speak with us at May Law, LLP today if you have any questions or concerns.