Postnuptial Agreement Lawyer Virginia, VA
A postnuptial agreement is a written contract entered into by spouses after they are already married. In Virginia, these agreements are governed by the Premarital Agreement Act, Va. Code § 20-147 et seq., which applies equally to agreements made before and after marriage. A postnuptial agreement can address property division, spousal support, and the disposition of assets in the event of divorce or death. For spouses in Virginia—an equitable distribution state under Va. Code § 20-107.3—a carefully drafted postnuptial agreement can provide clarity and reduce conflict about how marital property would be classified and distributed if the marriage ends. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. He and his Of Counsel work with clients across the Commonwealth to draft, review, and negotiate postnuptial agreements that reflect each couple’s circumstances. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Postnuptial Agreement Means Under Virginia Law
Virginia law treats postnuptial agreements under the same statutory framework that governs premarital agreements. The Virginia Premarital Agreement Act, codified at Va. Code § 20-147 through § 20-155, sets out the requirements for a valid agreement between spouses. Under § 20-149, the agreement must be in writing and signed by both parties. It can address the rights and obligations of each spouse in the property of the other, the disposition of property upon separation, divorce, or death, the modification or elimination of spousal support, and the making of a will or trust to carry out the agreement’s terms. The agreement becomes effective upon the marriage of the parties—or, for a postnuptial agreement, upon execution during the marriage.
Postnuptial agreements in Virginia are governed by Va. Code § 20-147 et seq., the Premarital Agreement Act, which requires a writing signed by both parties and permits provisions addressing property disposition, spousal support, and estate planning.
Source: Va. Code § 20-147 through § 20-155. Virginia Code Title 20, Chapter 8
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia is an equitable distribution state. In a divorce proceeding where no valid agreement exists, the circuit court classifies property as marital, separate, or hybrid, values it, and distributes it equitably—not necessarily equally—based on statutory factors enumerated in Va. Code § 20-107.3. A postnuptial agreement allows spouses to override this default statutory scheme and establish their own rules for property classification and distribution. This can be particularly useful where one spouse owns a business, where there is inherited wealth, or where the spouses wish to protect assets for children from a prior relationship. Spouses may also use a postnuptial agreement to define what constitutes marital versus separate property going forward, to address the disposition of retirement accounts, or to waive or limit spousal support.
Virginia circuit courts have exclusive original jurisdiction over divorce and equitable distribution matters under Va. Code § 20-96. Whether a case is filed in Fairfax County Circuit Court, Prince William County Circuit Court, or any other circuit court in the Commonwealth, the court will generally enforce a postnuptial agreement that was entered into voluntarily and that is not unconscionable. Because courts scrutinize these agreements for fairness in execution and substance, working with experienced counsel during the drafting and negotiation phase is important.
How Mr. Sris and His Of Counsel Handle Postnuptial Agreement Matters
Every postnuptial agreement begins with a thorough understanding of the couple’s financial circumstances and goals. Mr. Sris and his Of Counsel start by meeting with the client to discuss what assets and debts exist, how the spouses currently manage their finances, and what each spouse hopes to accomplish through the agreement. This initial consultation informs the scope and structure of the document. The drafting attorney then prepares a proposed agreement that reflects the client’s objectives while complying with Virginia statutory requirements.
Once a draft is prepared, the agreement is presented to the other spouse, who is encouraged to seek independent legal review. Virginia courts look more favorably on agreements where both sides had the opportunity to consult with their own attorneys. If the other spouse requests changes, Mr. Sris and his Of Counsel negotiate revisions as needed. The goal is a final document that both parties sign knowingly and voluntarily. Throughout the process, the firm focuses on drafting clear, enforceable language that can withstand judicial scrutiny if it is ever challenged. The timeline for completing a postnuptial agreement varies depending on the complexity of the couple’s financial situation and the level of negotiation required.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor whose experience in the courtroom informs his approach to family law matters, including the negotiation and drafting of marital agreements. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which addressed equitable distribution procedures under Virginia law.
Mr. Sris and his Of Counsel bring substantial experience to family law matters across Virginia. The Of Counsel team includes attorneys with backgrounds in litigation, criminal law, and complex civil matters. Together, they assist clients with postnuptial agreements, prenuptial agreements, separation agreements, divorce, child custody, and related family law issues. The firm serves clients from its Fairfax location and represents individuals throughout the Commonwealth, including in Fairfax County, Prince William County, Loudoun County, Arlington County, and beyond.
Frequently Asked Questions
What is a postnuptial agreement in Virginia?
A postnuptial agreement is a written contract between spouses, executed after marriage, that governs property rights, spousal support, and asset disposition in the event of divorce or death. Virginia law treats postnuptial agreements under the Premarital Agreement Act, Va. Code § 20-147 et seq. The agreement can override Virginia’s default equitable distribution rules and allow spouses to define their own financial arrangements. It must be in writing, signed by both parties, and entered into voluntarily to be enforceable.
Is a postnuptial agreement enforceable in Virginia?
A postnuptial agreement is enforceable in Virginia if it is in writing, signed by both spouses, entered into voluntarily, and not unconscionable when executed. Virginia courts examine whether there was full financial disclosure, whether both parties had an opportunity to consult with independent counsel, and whether the agreement is fair in substance. An agreement that was signed under duress, coercion, or without adequate disclosure of assets may be set aside by the court.
Do I need a lawyer for a postnuptial agreement in Virginia?
Virginia law does not require you to hire a lawyer to create a postnuptial agreement, but working with experienced counsel helps ensure the agreement is properly drafted and enforceable. A lawyer can identify issues you may not have considered, ensure the language complies with Virginia statutory requirements, and help structure the agreement to withstand judicial scrutiny. Each spouse is encouraged to have independent legal review to strengthen the agreement’s enforceability.
What can a postnuptial agreement cover in Virginia?
Under Va. Code § 20-150, a postnuptial agreement can address the rights and obligations of each spouse in property, the disposition of property upon separation or divorce, the modification or elimination of spousal support, and the making of estate planning instruments. The agreement cannot adversely affect a child’s right to support, and provisions attempting to limit child support may not be enforced. Courts retain jurisdiction over child custody and support regardless of what the agreement states.
What is the difference between a prenuptial and a postnuptial agreement?
A prenuptial agreement is executed before marriage and becomes effective upon marriage; a postnuptial agreement is executed after the spouses are already married and takes effect upon execution. Both are governed by the same Virginia statute, Va. Code § 20-147 et seq. Functionally, they can address the same topics—property division, spousal support, and related financial matters. The primary difference is timing, though postnuptial agreements may face closer judicial scrutiny because the spouses are already in a marital relationship when they sign.
What makes a postnuptial agreement invalid in Virginia?
A postnuptial agreement may be invalidated in Virginia if it was not entered into voluntarily, if it was unconscionable when executed, or if there was a failure to provide fair and reasonable financial disclosure. Under Va. Code § 20-151, the party seeking to enforce the agreement must demonstrate voluntariness and adequate disclosure. Duress, coercion, fraud, or material misrepresentation can render the agreement unenforceable. The court evaluates these factors based on the circumstances at the time of execution.
How does a postnuptial agreement affect equitable distribution in Virginia?
A valid postnuptial agreement overrides Virginia’s default equitable distribution rules under Va. Code § 20-107.3, allowing spouses to define property classification and distribution on their own terms. Without an agreement, the circuit court classifies property as marital or separate and distributes marital property equitably based on statutory factors. With a valid postnuptial agreement, the court generally enforces the terms the spouses negotiated, provided the agreement meets the requirements of the Premarital Agreement Act.
Can a postnuptial agreement address spousal support in Virginia?
Yes, a postnuptial agreement can modify or eliminate spousal support in Virginia, as expressly permitted by Va. Code § 20-150. The agreement can set the amount and duration of support, waive support entirely, or establish conditions under which support would be paid. To be enforceable, any waiver or limitation of spousal support must be entered into knowingly and voluntarily, with full financial disclosure by both parties.
Related Family Law Services in Virginia: Fairfax County Family Law Lawyer • Prince William County Family Law Lawyer • Falls Church Family Law Lawyer • Fairfax City Family Law Lawyer
Virginia Legal Resources: Virginia Code Title 20 (Domestic Relations) • Virginia Circuit Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.