Why You Need a Lawyer to Draft Your Premarital Agreement?

couple assisted by family law attorney with their prenuptial agreement, Call Curran Moher Weis family attorneys for help.

There can often be some considerable disagreement about the need for premarital agreements (also known as prenuptial agreements or prenups), but the bottom line remains that creating one will help foster healthy communications about each party’s finances and assets right from the beginning and can, in turn, help prevent a possible divorce in the end.

 

When you need help crafting a premarital agreement, seek the help of an experienced Fairfax family law attorney from Curran Moher Weis.

 

The content included in a premarital agreement can vary from case to case, but the most common provisions usually relate to asset division and grounds for spousal support. People need to understand that premarital agreements are not only for the rich and famous, as every single person will have something they believe is worth protecting, and a premarital agreement can offer guidance regarding what will happen with a specific property, inheritances, debt, and earnings.

Why You Want Legal Representation for a Premarital Agreement

Many couples may think they can create premarital agreements on their own without the help of a lawyer, but this can be a mistake because premarital agreements that are not legally vetted can very well be thrown out in court later for being potentially one-sided or otherwise unfair. You should always have an attorney review any proposed premarital agreement so you can be confident that your agreement will comply with all formalities under the law and be legally sound.

 

The two major benefits of hiring a lawyer will include:

 

1. Enforceability — The one thing you will most certainly want for your premarital agreement will be for it to be enforceable. Many people who do not understand enough about Virginia premarital laws and family courts that represent themselves miss important details that ultimately impact the enforceability of a premarital agreement. Each party will usually be required to provide full disclosure about their assets, income, and debts, and failure to do this not only risks the premarital agreement being unfair, but can also make it unenforceable. Simply having an attorney represent each party during the process of creating and signing a premarital agreement will increase the validity and enforceability of the agreement. When a judge sees that one or both spouses did not have legal assistance when drafting and signing the premarital agreement, they could ultimately view it as being unfair and not legally binding, leading to a refusal to enforce it.

 

2. Fairness and Thoroughness — A lawyer will help you understand exactly what you will be signing and how fair it will be to you. Without legal counsel, you risk forgetting or being unaware of specific issues that should be addressed in your premarital agreement, such as what will happen to a marital home, retirement, or business assets. A premarital agreement can help you divide assets and limit your liability should your marriage end in a divorce. While very few people enter a marriage with any intention of getting a divorce, the bottom line is that having a premarital agreement will also make the entire process of dissolving a marriage far easier.

Schedule a Free Consultation with the Best Fairfax Family Law Attorney Near You

Are you considering a premarital agreement in Virginia? Make sure you speak with our best Fairfax family law attorney from Curran Moher Weis to let our team help craft a complete and thorough premarital agreement you can be confident will pass the enforceability test in court. Our firm knows how stressful and confusing these types of discussions can be for couples planning on marrying, but we will be able to assist you in accomplishing your goals without driving you further apart. You can call (571) 931-2941 or contact us online to receive a free consultation so we can further discuss all of your legal options and help you exercise your rights as many couples and families in Fairfax and nearby.


FAQ about Prenuptial Agreements in Virginia

virginia prenuptial agreements

As we pass Memorial Day and inch closer to the summer, we all look forward to warm weather, trips to the beach, and hopefully a vacation. This weekend also marks the unofficial beginning of wedding season. A joyous time indeed but, as a family law attorney, this is also when I start receiving many questions about prenuptial agreements.

As ominous as that may sound, I can personally vouch for a 100% success rate in negotiating prenuptial agreements which means that all my clients celebrated a wonderful wedding and rode off into the sunset ready to embark on a much-needed honeymoon. However, that doesn’t mean that there aren’t traps and pitfalls to avoid along the way. The following are some frequently asked questions I have received throughout the years, as well as a few tips towards successfully navigating the negotiation process: