Fredericksburg Prenuptial Agreement Lawyers
Prenup Attorney Serving Stafford County, VA
Prenuptial agreements, also known as prenups, are legal documents that can help protect the financial interests of either spouse in the event of a divorce. If you are getting married, you may want to consider drafting a prenuptial agreement. If you have already proposed to your significant other and they are not on board with the idea, it is important to discuss the topic with them and help them understand the benefits of drafting a prenuptial agreement. At Butler Moss O'Neal, PLC, our Virginia prenup lawyers can help you draft an enforceable prenuptial agreement with the necessary legal elements to be upheld by a court in Virginia.
Contact us online or call (540) 306-5780 to get started with a Fredericksburg prenuptial agreement lawyer.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document that outlines the rights and obligations of each party in the event of a divorce or death. Prenuptial agreements can help protect your assets and also your future financial interests in the event of a divorce. This is particularly important for individuals who are getting married later in life, or who have a significant amount of assets or property.
Why Should I Have a Prenuptial Agreement?
There are many reasons why you may want to have a prenuptial agreement. If you have a significant amount of property or assets, then you may want to have a prenuptial agreement to outline your rights in the event of a divorce. You may also want to have a prenuptial agreement if you are getting married later in life, as this can help protect your future financial interests.
Do Virginia Courts Recognize Prenuptial Agreements?
Yes, Virginia courts will uphold prenuptial agreements if they are found to be valid and enforceable. To be valid, the prenuptial agreement must be in writing, signed by both parties, and must also be fair and reasonable. To be enforceable, the prenuptial agreement must also be filed with the courts, and must also outline certain specific information, including the date the agreement was created, the date the parties will wed, and the date the agreement expires.
What Should a Prenuptial Agreement Include?
A prenuptial agreement should include specific details about the property or assets of each party. For example, a prenuptial agreement should include information about the value of property and assets, as well as any debts or liabilities that each party has. Additionally, a prenuptial agreement should also outline how property will be divided in the event of a divorce or death. Prenuptial agreements may also include other details, such as whether spousal support will be granted, and whether either party will be responsible for any debts or bills during the marriage.
Contact Our Prenuptial Agreement Attorneys for a Consultation
If you are getting married and would like to have a prenuptial agreement, we can help you draft an enforceable prenuptial agreement with the necessary elements to be upheld by a court in Virginia. At Butler Moss O'Neal, PLC, our prenup lawyers are here to help you with the drafting and negotiation of a prenuptial agreement.
Contact us online or call (540) 306-5780 to get started with a Fredericksburg prenuptial agreement lawyer.
They made going through a divorce as pleasant as can be... they kept me laughing when I felt like crying.
- L.F.
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Can child support in Virginia be ordered to continue past the age of 18?
Yes. Section 20-124.2(C) of the Virginia Code provides that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs.
The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law.
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Can a Virginia court order that a parent pay college expenses for a child?Yes and no. Virginia law does not allow the court, on its own, to order that child support include the payment of college expenses. However, if the parents enter into a written agreement providing that one or both of the parents have to pay for college, the court can enforce the parents’ agreement.
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How is child support calculated under Virginia law?Child support is determined according to a presumptive guideline that is set forth in Section 20-108.2 of the Code of Virginia. The guideline requires one to know the number of children, the gross monthly income of each parent, the cost of work related day care for the children, and the cost of providing medical insurance. A number of other considerations come into play, for example, the presence of other children who are not the subject of the current child support proceeding, the number of custodial days each parent has with the child per calendar year, and whether either parent has claimed the child tax credit, may all affect the guideline calculation. The guidelines yield a “presumptive” figure for monthly child support, which means that the Court is required to apply that amount unless evidence proves that the Court should deviate from the guidelines. A list of the possible “deviating” factors is set forth in Section 20-108.1 of the Code.
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Can a Virginia Court award a spouse military survivor coverage in a divorce?
Yes, Section 20-107.3(G)(2) authorizes the Circuit Court in a Virginia divorce to “order a party to designate a spouse or former spouse as irrevocable beneficiary during the lifetime of the beneficiary of all or a portion of any survivor benefit or annuity plan of whatsoever nature, but not to include a life insurance policy except to the extent permitted by Section 20-107.1:1.”
This includes the Survivor Benefit Plan, commonly referred to as SBP, which is available to spouse and former spouses of military service members.
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