Suffolk Postnuptial Agreement Attorneys
Helping Clients in Chesapeake, Hampton Roads, and the Surrounding Areas
At Bush & Taylor, P.C., we are committed to helping people with all of their family law needs, including divorce and child custody matters. Our Suffolk postnuptial agreement lawyers understand that there are many reasons why a couple may want to enter into a postnuptial agreement, and we are here to help you understand all of your options. Our team will work closely with you to ensure that you understand the entire postnup creation process and that your agreement is drafted in a way that meets your unique needs.
To learn more about how we can help you draft a postnuptial agreement in Suffolk or the surrounding areas, call us today at (757) 926-0078 or contact us online.
What Is a Postnuptial Agreement?
A postnuptial agreement, often referred to as a “postnup,” is a legal contract that is entered into by a couple after they are married. Like a prenuptial agreement, the purpose of a postnup is to determine how certain issues will be handled if the couple later decides to divorce. However, postnuptial agreements are created and signed after the couple is married, whereas prenups are signed before the couple is married. These agreements can be used to clarify many of the same issues that are covered in a prenup, including property division, debt division, spousal support, and more.
Benefits of Postnuptial Agreements
There are many reasons why a couple may choose to create a postnuptial agreement. These agreements are often used to protect a spouse from taking on a significant amount of debt, to determine how property will be divided if the couple later divorces, and to protect a family business. They can also be used to help couples address financial issues that may be putting a strain on their marriage.
One of the main benefits of a postnup is that it is a legal contract that is enforceable by law. This means that, if your postnuptial agreement is legally valid, the court will enforce the terms of the agreement in the event that you and your spouse later divorce. This can help you avoid a lengthy and costly legal battle and ensure that your rights and interests are protected.
Can Postnuptial Agreements Be Modified?
Postnuptial agreements can be modified, but only if both parties agree to the changes. If you and your spouse wish to modify your postnup, you will need to draft an amendment to the agreement and sign it in front of a notary. If you and your spouse cannot agree on how to modify your postnuptial agreement or if one spouse no longer wishes to be bound by the agreement, you will need to go to court to have the agreement modified or enforced. In this case, the court will consider many of the same factors that are considered when enforcing a prenuptial agreement.
Are Postnuptial Agreements Enforceable?
Postnuptial agreements are enforceable by law, but only if they are drafted and executed in accordance with state law. In Virginia, postnuptial agreements are subject to the same requirements as prenuptial agreements. This means that the agreement must be in writing, it must be signed by both parties, and it must be signed in front of a notary. Both parties must also provide a complete and accurate financial disclosure when the agreement is signed.
If these requirements are not met, the agreement may not be enforceable. A postnuptial agreement may also be unenforceable if one spouse can prove that they signed the agreement under duress, that the terms of the agreement are unconscionable, or that they were not given a reasonable amount of time to review the agreement and seek legal counsel. If you and your spouse are creating a postnuptial agreement, it is highly recommended that you work with an attorney who has experience handling these types of cases.
Contact Our Suffolk Postnuptial Agreement Lawyers Today
Our firm has extensive experience handling postnuptial agreement cases and can provide you with the top-notch legal representation you need. We will work closely with you and your spouse to ensure that your agreement is drafted in a way that meets your unique needs and that it is legally valid. Our goal is to protect your rights and interests and help you achieve your goals.
Call us today at (757) 926-0078 or submit an online request form to schedule a consultation with our Suffolk postnuptial agreement attorneys.
