Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Prenuptial Agreements in Virginia
A prenup is not about
planning to fail. It is about being clear before you begin.
The strongest marriages often start with the most honest conversations. A prenuptial agreement is simply one of them, put in writing. We help couples in Northern Virginia protect what matters and walk into marriage with everything understood.
First call is a conversation, not a commitment.
A Practical Step, Not a Bad Omen
A prenup is not a sign you expect the marriage to end. It is a sign you take it seriously enough to be honest about money from the start.
Written
Must be in writing
and signed by both
and signed by both
Va. Code § 20-149
At "I do"
Takes effect only
once you marry
once you marry
Va. Code § 20-148
Both
Full financial disclosure
protects enforceability
protects enforceability
Va. Premarital Agreement Act
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
Two Kinds of Agreement
Before the wedding, or after.
A prenup is signed before the marriage. Its close cousin, a postnuptial agreement, does much the same work after the wedding. Here is how the two compare at a glance.
Type 01 · Before the Marriage
Prenuptial Agreement
signed before you marry
What it isA written agreement signed before the wedding, under the Virginia Premarital Agreement Act.
Takes effectOnly when you marry. Until then, it is not yet operative.
Lets youDefine separate and marital property, protect assets, and set support terms in advance.
Best forCouples who want clarity in place before they say "I do."
SourceVa. Code § 20-147 et seq.
Type 02 · After the Marriage
Postnuptial Agreement
signed after you marry
What it isA marital agreement signed during the marriage, addressing many of the same issues.
Takes effectOn signing, once the requirements for a valid agreement are met.
Lets youPut protections in place that you did not, or could not, set up before the wedding.
Best forMarried couples whose circumstances have changed, such as a new business or inheritance.
SourceVa. Code § 20-155
The Limits of a Prenup
What a prenup can do, and what it cannot.
A prenup is powerful, but it is not unlimited. Knowing the boundary up front saves you from putting effort into terms a court would never enforce.
What a Prenup Can Do
Within the law, a prenup gives a couple real control over the financial side of their marriage.
- Define what stays separate property and what becomes marital
- Protect premarital assets, a business, or a professional practice
- Set terms for spousal support, within legal limits
- Assign responsibility for debts each person brings in
- Protect an inheritance, or children from a prior relationship
Va. Code § 20-150
What a Prenup Cannot Do
Some terms are off the table no matter how the agreement is written. A court will set these aside.
- Decide child custody or visitation in advance
- Set or waive child support, which belongs to the child
- Include anything illegal or against public policy
- Stand if it was signed under pressure or without disclosure
- Reliably enforce personal or "lifestyle" rules
Child support cannot be bargained away
What You Put in Writing
Decide it together now, not in a courtroom later.
Without a prenup, Virginia's default rules decide these questions for you if the marriage ends. A prenup lets the two of you decide them instead, while you are on the same side of the table.
Property and Assets
What you can keep separate
A prenup can clearly mark what belongs to each of you, so assets you bring in or expect to receive are not swept into the marital pot by default.
A home or property you owned before the marriage
A business or professional practice you built
An inheritance or family gift meant to stay yours
Savings, investments, or retirement built before marriage
Va. Code § 20-150 · Permitted Content
Support and Debt
What you can arrange in advance
Beyond property, a prenup can spell out the financial expectations of the marriage, so no one is surprised by a default rule down the road.
Whether spousal support applies, and on what terms
Who is responsible for debts brought into the marriage
How future earnings or shared accounts will be treated
Estate provisions that protect children from a prior marriage
Disclosure and fairness keep these terms enforceable
What We Handle
Prenups, postnups, and everything around them.
From the first conversation to a signed, enforceable agreement. Whether you are protecting a business, a family inheritance, or simply your peace of mind, here is the work we take on.
01 /
What a strong prenup protects.
01
Premarital Assets
Property, savings, and investments you bring into the marriage stay yours, clearly marked as separate from day one.
Keep What Is Yours 02Business Interests
A company or professional practice you own can be shielded from division, so a divorce never threatens what you built.
Protect the Company 03Inheritances & Gifts
Family money meant for you can be kept in the family, instead of becoming marital property by accident over time.
Keep It in the Family 04Debt Protection
A prenup can keep one partner's separate debts from becoming a shared burden, protecting you from a liability you did not create.
Shield From Debt
02 /
The pieces that make it hold up.
05
Spousal Support Terms
Agree in advance whether support applies and on what terms, within the limits Virginia law allows.
Set It in Advance 06Children From a Prior Marriage
Protect an estate plan so that children from an earlier relationship are provided for the way you intend.
Provide for Your Kids 07Postnuptial Agreements
The same protection, set up after the wedding when circumstances change, under Va. Code § 20-155.
Va. Code § 20-155 08Full Financial Disclosure
The step that makes a prenup hold up. We help both sides exchange complete, honest financial information.
The Foundation 09Independent Review
Each person with their own counsel. Separate representation is one of the best ways to keep an agreement enforceable.
Two Lawyers, One Goal 10Updating the Agreement
Life changes. A prenup or postnup can be amended or revoked later, as long as it is done in writing and signed.
Amend in WritingThe Honest Timeline
How a prenup actually comes together.
The single best thing you can do is start early. Here are the phases most agreements move through, and why rushing the last one is a mistake.
Phase 01
The Conversation
You and your partner decide to put your finances in writing and talk it through openly.
Weeks to monthsPhase 02
Full Disclosure
Both of you exchange complete financial information. This step protects the whole agreement.
Days to weeksPhase 03
Drafting
We draft the agreement around what you have decided, in clear, enforceable terms.
1 to 3 weeksPhase 04
Review & Negotiate
Each person reviews with their own counsel, raises questions, and refines the terms.
2 to 6 weeksPhase 05
Signing
You both sign, well before the wedding, so no one can claim it was rushed.
Well ahead of the dateThe Real Cost
What does a prenup actually cost?
Honest answer: it depends on how complex your finances are and how much you already agree on. Here is what keeps the cost down, and what drives it up.
Lowers the cost
Simple and agreed
- Your finances are straightforward and well documented
- You and your partner already agree on the main terms
- Full disclosure is ready and complete on both sides
- You start early, with time for a calm review
- Communication between the two of you is open
Raises the cost
Complex or contested
- A business, real estate, or significant assets need valuation
- The terms are heavily negotiated back and forth
- The agreement is drafted at the last minute before the wedding
- Outside experts are needed to value a business or assets
- One side is reluctant or slow to disclose finances
Our promise on this. We tell you up front what your agreement is likely to take and how to keep the cost in line with your situation. A prenup done right is far cheaper than the dispute it prevents, and we will tell you plainly what your case needs and what it does not.
Corrie Sirkin, Esq.
Founding Partner
Attorney Insights
A few things I tell every couple at the start.
"A good prenup is one you negotiate calmly, with time to spare. The worst ones get signed in a panic the week of the wedding."
-
1
Start early, not the week of the wedding
A prenup signed days before the ceremony invites a claim that someone signed under pressure. Give it months. The earlier you start, the stronger and calmer the whole process is, and the harder the agreement is to challenge later.
-
2
Full disclosure is not optional
Hiding an asset is the fastest way to make a prenup worthless. The agreement holds up because both people knew what they were agreeing to. We put real care into complete, honest disclosure on both sides, because that is what protects you.
-
3
Each of you should have your own lawyer
It is not strictly required, but independent counsel for each person makes the agreement far harder to attack down the road. When both sides were advised and understood the terms, a court has little reason to set the agreement aside.
Why Families Trust Us
Built on experience, expertise, and a real track record.
A prenup is a document you may rely on for decades. Here is what we bring to drafting yours.
Experience
50+
Years Combined
Decades of Virginia family law work behind every agreement we draft, across the Northern Virginia courts.
Expertise
100%
Family Law Focus
We do this work and nothing else. The statutes, the judges, the procedures: this is the entire practice.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best Top 10 Family Law Firm.
Trust
5★
Verified Reviews
Real reviews from real Virginia clients. We earn each one by showing up, listening, and doing the work.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
Questions People Actually Ask
The honest answers, no legal speak.
These are the questions we hear most about prenups. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Are prenuptial agreements enforceable in Virginia?
Yes. Virginia enforces prenuptial agreements under the Virginia Premarital Agreement Act. To hold up, the agreement generally must be in writing, signed by both parties, entered into voluntarily, and supported by fair financial disclosure. An agreement that is unconscionable when signed and made without disclosure can be challenged.
What can a prenup cover in Virginia?
A prenup can define what stays separate property and what becomes marital, protect premarital assets or a business, set terms for spousal support, and assign responsibility for debts. It cannot decide child custody or set or waive child support, and it cannot include terms that are illegal or unconscionable.
Do both people need their own lawyer?
It is not strictly required, but it is strongly recommended. When each person has independent counsel, it is much harder to later claim the agreement was signed without understanding it or under pressure. Separate representation is one of the best ways to make a prenup hold up.
Can you sign a prenup after you are already married?
Yes. An agreement signed after the wedding is a postnuptial or marital agreement, allowed under Virginia Code § 20-155. It can address many of the same property and support questions a prenup does. The same principles of voluntary signing and fair disclosure apply.
When should a prenup be signed before the wedding?
As early as possible. A prenup signed days before the wedding invites a claim that one party signed under pressure. Giving the process months, with time for disclosure, review, and independent counsel, makes the agreement far more likely to be enforced.
When You Are Ready
Start the marriage on the same page.
Tell us what you want to protect, and we will help you put it in writing the right way, with time to spare before the wedding. Three offices across Northern Virginia, one phone number.