Advance notice is important when considering a prenup

On Behalf of | Oct 10, 2021 | Prenuptial Agreements

Most Virginia couples do not enter marriage considering how they will proceed if their marriage ends in divorce at some point in the future. While no one assumes there will be a divorce, it is often prudent to consider a prenuptial agreement in case this happens at some point later on. If a couple or one of the parties wants to move forward with a prenup, it is best to allow both parties plenty of time to consider the terms, think about financial priorities and make any adjustments that might be negotiated.  

A surprise prenup 

One partner can present the other with a prenuptial agreement, but it will be important to give the recipient plenty of time to consider the terms. Surprising a partner with a prenup shortly before the marriage can actually lead to additional problems during the marriage, including resentment. It is best to allow both parties ample time to consider the agreement before signing. 

A prenuptial agreement is a contract that outlines what will happen with a couple’s finances should they divorce. It includes terms on the division of marital property, spousal support, financial responsibilities during a marriage and more. In order for a prenup to be valid and enforceable, it will be crucial for both parties to have time to carefully review it before signing. 

Drafting a prenup 

It is prudent to have help when creating a valid and reasonable prenuptial agreement. It is helpful to work with a Virginia attorney who can provide guidance when drafting a contract that is fair and sustainable for both parties. Before agreeing to terms or making any important decisions for one’s financial future, it will be helpful to seek an assessment of the individual situation.