Blog Post
Why Couples Choose Prenuptial Agreements
2/8/2026
1. Protect Existing Assets
Prenups preserve substantial property, savings, or investments and define how future income or gains will be treated. Commonly protected assets include:
Real estate and homes
Retirement accounts
Business shares or full ownership
2. Simplify Future Separation
If a marriage ends, a prenup reduces conflict and emotional strain. Couples outline spousal support, property division, and debts, providing clarity and control.
3. Support Blended Families
Prenups protect children from previous relationships by clearly defining inheritance, asset division, and financial responsibilities.
Prenups are a planning tool—not a sign of mistrust. With legal guidance, they become a strong foundation for marriage.
How to Make a Prenup Enforceable in Virginia
A prenup only works if it stands up in court. Virginia law requires:
Full Financial Disclosure: Both parties must share all assets, debts, and income.
Voluntary Agreement: No coercion or last-minute pressure. Sign well in advance of the wedding.
Fair and Legal Terms: Avoid extreme or one-sided clauses; only financial matters are enforceable.
Written & Signed: Agreements must be in writing. Notarization is highly recommended for proof.
Step-by-Step Process for Creating a Prenup
Start Early: Introduce the idea well before the wedding to allow thoughtful discussion.
Hire Separate Attorneys: Each partner should have independent legal counsel to ensure fairness.
Disclose Finances Fully: Share all assets, debts, income, and investments.
Discuss Key Issues: Outline separate vs. marital property, spousal support, debts, and business interests.
Draft & Review the Agreement: Attorneys draft a fair, enforceable document reflecting your goals.
Sign & Store Safely: Sign well in advance of the wedding and keep the document secure.
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