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Roanoke Family Law And Criminal Defense
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Ensuring the enforceability of a prenuptial agreement in Virginia

Couples who decide to get married in Virginia and across the country have several decisions ahead of them. In addition to what kind of ceremony to have and who will attend, they must also make important decisions regarding how to best protect their personal and professional finances. Many couples who want to protect their family business in addition to protecting personal assets, for examples, in the event of a divorce choose to create a prenuptial agreement.

Prenuptial agreements serve several important purposes. Despite the effort that some couples put into creating one, they could ultimately be determined to be invalid. Fortunately, there are certain measures that must be put in place to ensure that a prenup is enforceable in the event of a divorce. To do this, it is often necessary for each member of the couple to have an attorney to represent their interests and review the provisions of legal documents before signing.

For an agreement to be enforced, it must be in writing. Additionally, both people must sign it prior to the wedding. If a person is pressured or not given sufficient time to review the document, it could be invalidated. Invalid provisions, such as information detailing how much child support will be paid, could be stricken, leaving the remainder of the agreement intact.

For a prenuptial agreement to be valid in Virginia, couples must provide accurate and complete information. Failure to do both of these could render the agreement unenforceable. Several other potential factors could impact whether the agreement is potentially ruled unenforceable. As such, each party will benefit from having a legal professional with experience and knowledge of state laws advocating for and advising him or her before signing.

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