Marital Agreement Lawyer Virginia, VA

You are planning your wedding. You have worked hard to build a career, purchase a home, or grow a business, and you want to enter your marriage with clarity about how assets would be handled if the relationship later ends in divorce. Your partner understands—they may even have their own assets to protect. Now you both wonder: is a marital agreement right for us, and how do we create one that a Virginia court will enforce? You are not alone. Many couples in Virginia choose to negotiate a marital agreement before or during the marriage to define property rights, spousal support expectations, and financial responsibilities on their own terms rather than leaving those decisions to a judge. Mr. Sris and his Of Counsel have helped Virginia clients draft and review marital agreements for more than two decades. Results may vary. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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How a Marital Agreement Works in Virginia

A marital agreement is a contract between spouses—or prospective spouses—that resolves financial and property issues in the event of separation, divorce, or death. In Virginia, the Premarital Agreement Act (Va. Code § 20‑147 et seq.) authorizes parties to contract with respect to the rights and obligations of each in the property of either or both, the right to buy, sell, use, transfer, or otherwise manage and control property, the disposition of property upon separation, dissolution, death, or any other event, the modification or elimination of spousal support, the making of a will, trust, or other arrangement to carry out the agreement, and any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. A postnuptial agreement—one entered into after the marriage—is enforceable under the same statutory framework if executed voluntarily and with full disclosure.

Mr. Sris and his Of Counsel guide clients through the negotiation and drafting process so that the agreement reflects each party’s intentions and meets the requirements Virginia courts expect: the agreement must be in writing, signed by both parties, and entered into voluntarily with a fair and reasonable disclosure of each party’s property and financial obligations. An experienced family law attorney can help ensure the agreement’s enforceability, reducing the risk that a court will later set it aside.

What to Expect When Creating a Marital Agreement

Most marital agreements follow a structured process. First, each party gathers financial information—income, assets, debts, and any business interests. You and your partner then discuss your goals: will the agreement keep premarital property separate, define how marital property acquired during the marriage will be divided, or address spousal support? Next, attorneys for each side (or one attorney, if both parties consent to joint representation after appropriate disclosure) draft the agreement. The parties review and negotiate terms, and after both sign, the agreement becomes a contract.

After the agreement is executed, it generally takes effect upon divorce, separation, or death. If a divorce occurs, the marital agreement controls property division and spousal support unless a court finds it unconscionable or the product of fraud, duress, or material nondisclosure. Mr. Sris and his Of Counsel work to draft agreements that withstand scrutiny and protect clients’ interests.

Why a Marital Agreement Can Provide Stability

For couples with significant assets, a family business, or children from a prior relationship, a marital agreement clarifies what would otherwise be decided under Virginia’s equitable distribution statute. Virginia is an equitable distribution state; a judge divides marital property fairly but not necessarily equally. A well‑crafted agreement replaces the uncertainty of litigation with a predetermined plan that both parties accept. The agreement can also preserve assets for children from a prior marriage, protect a business partner’s stake, or shield an inheritance from division.

Even for couples without substantial wealth, a marital agreement can address practical concerns: who keeps the family home, how joint accounts are handled, and whether one spouse will receive financial support after divorce. Mr. Sris and his Of Counsel help clients weigh these options and negotiate terms that reflect their unique circumstances.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. A former prosecutor, he understands how the court system approaches marital agreements and what it takes to draft a contract that survives judicial review. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys bring extensive experience in family law, property division, and contract negotiation. Together, Mr. Sris and the firm’s Of Counsel attorneys provide the legal knowledge clients need when entering into a marital agreement. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

Can a marital agreement be enforced in Virginia even if both parties did not hire separate lawyers?

A marital agreement can be enforced in Virginia even if both parties did not have separate attorneys, provided the agreement was entered into voluntarily and with full financial disclosure. Virginia courts examine whether each party had a meaningful opportunity to consult independent counsel and whether the agreement is fair. If one party lacked representation, the court looks more closely at the circumstances. For the strongest enforceability, each side should have their own lawyer, but a well‑drafted agreement with full disclosure may still be upheld. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What makes a marital agreement unenforceable in Virginia?

A Virginia marital agreement may be unenforceable if it was signed involuntarily, is unconscionable, or was made without a fair disclosure of assets and debts. Duress, fraud, or material misrepresentation also undermine enforceability. The court will not enforce terms that violate public policy, such as those attempting to limit child support. Mr. Sris and his Of Counsel review each agreement for potential vulnerabilities to help clients avoid a later challenge.

How long does it take to create a marital agreement in Virginia?

The time to complete a marital agreement in Virginia varies based on the complexity of assets and the speed of negotiations, but most can be finalized within a few weeks. Simple agreements may take less time, while those involving business valuations, multiple properties, or international assets may require longer. The parties should allow enough time to review terms and consult counsel without feeling rushed. For guidance on your specific timeline, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need to disclose all of my assets in a Virginia marital agreement?

Yes, a valid Virginia marital agreement generally requires fair and reasonable disclosure of each party’s assets, debts, and financial circumstances. Full disclosure ensures both sides understand what rights they are giving up or preserving. Without adequate disclosure, a court may set the agreement aside. Mr. Sris and his Of Counsel help clients compile the necessary financial information and assess whether disclosure is sufficient.

Can a marital agreement address alimony in Virginia?

A marital agreement in Virginia can modify or eliminate spousal support, provided the waiver is clear and voluntary. Virginia law allows parties to contract on alimony as part of a prenuptial or postnuptial agreement. Courts scrutinize support waivers to ensure they are not unconscionable, especially if one spouse would be left without adequate means. An experienced family law attorney can draft language that meets the statutory requirements.

Is a postnuptial agreement treated the same as a prenuptial agreement under Virginia law?

Virginia law generally treats postnuptial agreements under the same framework as prenuptial agreements, though courts may examine them more closely because of the confidential relationship between spouses. The same requirements—voluntariness, full disclosure, and no fraud—apply. Because postnuptial agreements are executed after marriage, the burden of proving voluntariness is sometimes higher. Mr. Sris and his Of Counsel handle both types of agreements and can advise on an appropriate approach for your circumstances.

Last reviewed: July 2026

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