Love, Trust, and Legal Protection: Do You Need a Prenuptial or Postnuptial Agreement in Virginia?
February is often associated with romance, commitment, and long-term planning. For engaged or married couples, those conversations sometimes raise an uncomfortable question:
Should we consider a prenuptial or postnuptial agreement?
At the Law Office of Li-Shann Durst, PLLC, we often remind clients that marital agreements aren’t about expecting a relationship to fail — they’re about planning thoughtfully and communicating clearly. When done well, these agreements can strengthen trust, reduce future conflict, and provide peace of mind for both partners.
Understanding the Difference: Prenuptial vs. Postnuptial Agreements
While both agreements serve similar purposes, timing matters.
Prenuptial Agreements are signed before marriage.
They outline how assets, debts, and support would be handled if the marriage ends through divorce or death.
Postnuptial Agreements are signed after marriage.
They are often used when financial circumstances change, one spouse starts a business, or couples want clarity after navigating a difficult period.
Both are legally recognized in Virginia when properly drafted and executed.
What Can a Marital Agreement Cover in Virginia?
Under Virginia law, marital agreements can address many important issues, including:
Classification and division of property
Responsibility for debts
Spousal support (including waiver or limitations)
Protection of family businesses or inheritances
Estate planning coordination
However, these agreements cannot determine child custody or child support. Courts always retain authority to decide those matters based on a child’s best interests at the time of separation or divorce.
Why Couples Choose Marital Agreements
Contrary to common myths, marital agreements are not just for wealthy couples. Many Virginia families use them to:
Protect assets acquired before marriage
Safeguard children from prior relationships
Clarify expectations around finances
Reduce uncertainty and legal costs if the marriage ends
Encourage open, honest conversations about money
Handled respectfully, the process can strengthen a relationship rather than undermine it.
What Makes a Marital Agreement Enforceable?
For a prenuptial or postnuptial agreement to be enforceable in Virginia, it must:
Be in writing and signed voluntarily
Include full and fair disclosure of assets and debts
Avoid coercion or last-minute pressure
Be substantively fair at the time it is signed
Having each spouse represented by independent counsel significantly increases the likelihood that the agreement will hold up in court.
When Is the Right Time to Talk About an Agreement?
The best time is before tension or crisis arises.
For engaged couples, early discussions allow time for reflection and thoughtful negotiation.
For married couples, postnuptial agreements often follow:
Career changes
Business ownership
Inheritances
Rebuilding trust after challenges
Approached with care, these conversations can be constructive and empowering.
Looking for a Thoughtful, Respectful Approach?
If you’re considering a prenuptial or postnuptial agreement, legal guidance can help ensure the process feels collaborative — not adversarial.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
We help Virginia couples create clear, enforceable agreements that reflect mutual respect and long-term planning.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Marital agreements must be tailored to individual circumstances. Please consult an attorney for guidance specific to your situation.