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Roanoke Family Law And Criminal Defense
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Virginia prenuptial agreement: Ensuring enforceability

When a couple decides to get married in Virginia, there are likely a million different thoughts and questions running through each person's mind. While it is certainly important to think about where they will live and whether they will have children in the future, it is equally important to consider what will happen in the event of a divorce. In some cases, the couple may choose the plan for this potential outcome by creating a prenuptial agreement.

Discussions surrounding prenups often begin with an honest accounting of each person's financial situation, including how much each person owns and earns. Equally important to discuss is how much debt each person holds. Without a prenup in place, one person could ultimately hold some responsibility for the other's debt.

The creation of a prenup should happen soon after the proposal. Most couples want to ensure that they have all aspects of such an agreement ironed out prior to the wedding. If a person feels pressure to sign to prevent the embarrassment of a canceled ceremony, there could be a question of its enforceability.

Other measures can ultimately decrease the chances that a prenuptial agreement is successfully challenged in court should the marriage end in divorce. Specifically, having an attorney for each person review the document can make it stronger. Fortunately, there are professionals in Virginia who can those who want to protect themselves in the event of a divorce create a document that discusses all the necessary information and takes all state laws into consideration.  

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