A postnuptial agreement in Virginia is a legally binding contract between spouses executed after marriage, governed by Va. Code § 20-147 et seq. (Premarital Agreement Act). Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a 93%+ favorable outcome rate. A Postnuptial Agreement Lawyer Virginia helps you protect your assets and clarify financial rights.
Postnuptial Agreement Lawyer in Virginia
Postnuptial agreements in Virginia are governed by the Premarital Agreement Act, codified at Va. Code § 20-147 et seq. This statute establishes the legal framework for agreements executed after marriage, requiring that they be in writing, signed voluntarily by both spouses, and based on full financial disclosure. A postnuptial agreement can address property division, spousal support, and other financial matters, but cannot waive child support or child custody rights. Virginia courts in the Circuit Court (divorce/equitable distribution) will enforce valid postnuptial agreements during divorce proceedings. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to help you handle postnuptial agreement matters.
Last verified: April 2026 | Virginia Circuit Courts | Virginia General Assembly — official site
For the full text of the Premarital Agreement Act, see Va. Code § 20-147 et seq. (Virginia General Assembly — official site). For Virginia equitable distribution statutes, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Virginia Circuit Courts, postnuptial agreements are subject to heightened scrutiny when challenged during divorce proceedings. We have observed that courts closely examine whether both spouses had independent legal representation and whether financial disclosure was complete. A postnup agreement lawyer Virginia must ensure the agreement is drafted to withstand such scrutiny.
- Step 1: Contact a postnuptial agreement lawyer Virginia to schedule a consultation.
- Step 2: Gather all financial documents including income, assets, debts, and property valuations.
- Step 3: Work with your lawyer to draft the agreement addressing property division and spousal support.
- Step 4: Both spouses review the agreement with independent legal counsel.
- Step 5: Sign the agreement voluntarily in writing to ensure enforceability.
- Step 6: File the agreement with your records; it becomes effective upon execution.
In Virginia, postnuptial agreements are governed by Va. Code § 20-147 et seq. and carry no criminal penalties, but an unenforceable agreement can result in financial loss and litigation costs.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unenforceable Postnuptial Agreement | Civil Matter | None | None (but litigation costs apply) | None | Court may disregard agreement; equitable distribution applies |
| Fraudulent Postnuptial Agreement | Civil Matter | None | None (but litigation costs apply) | None | Agreement voidable; potential for sanctions |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm handles complex postnuptial agreement matters with a focus on protecting your financial interests.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Fairfax is approximately 15 miles from the Virginia Circuit Courts in Fairfax County, with access via I-66 and Route 29. We serve as a postnuptial agreement lawyer near Virginia (Statewide). Serving the communities of all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
(703) 636-5417 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Postnuptial Agreements in Virginia
What is a postnuptial agreement in Virginia?
A postnuptial agreement is a legally binding contract between spouses executed after marriage that governs property division, spousal support, and other financial matters. In Virginia, postnuptial agreements are governed by the Premarital Agreement Act (Va. Code § 20-147 et seq.) and must be in writing, signed voluntarily, and based on full financial disclosure.
Is a postnuptial agreement enforceable in Virginia?
Yes, a postnuptial agreement is enforceable in Virginia if it meets the requirements of Va. Code § 20-147 et seq., including voluntary execution, full financial disclosure, and not being unconscionable. Courts in Virginia Circuit Courts will enforce valid postnuptial agreements during divorce proceedings.
Can a postnuptial agreement be modified or revoked in Virginia?
Yes, a postnuptial agreement can be modified or revoked by a subsequent written agreement signed by both spouses. Under Va. Code § 20-147 et seq., any modification must be voluntary, in writing, and based on full financial disclosure. A court may also set aside an agreement if it was procured by fraud, duress, or unconscionable conduct.
How does a postnuptial agreement differ from a prenuptial agreement in Virginia?
A prenuptial agreement is executed before marriage, while a postnuptial agreement is executed after marriage. Both are governed by Va. Code § 20-147 et seq. in Virginia. Postnuptial agreements require the same elements of voluntariness, disclosure, and fairness. They can address property division, spousal support, and other financial matters.
Do I need a lawyer for a postnuptial agreement in Virginia?
Yes, you should retain a postnuptial agreement lawyer Virginia to ensure the agreement is enforceable. Virginia courts require independent legal representation for each spouse to demonstrate voluntariness and understanding. Law Offices Of SRIS, P.C. provides consultation by appointment at (888) 437-7747.
How does a Virginia lawyer defend against postnuptial agreement charges?
Defense strategies for postnuptial agreement in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-147 et seq. to build the strongest possible defense.
What should I do if I am facing postnuptial agreement charges in Virginia?
If facing postnuptial agreement charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
For more information, visit our Cruelty Divorce Lawyer Virginia hub page. Explore related topics: Stock Options Divorce Lawyer Louisa County, Stock Options Divorce Lawyer Rockingham County, and Stock Options Divorce Lawyer Bedford County.
Last updated: 2026-04-29. This page is regularly reviewed for accuracy. For the most current legal information, consult a postnuptial agreement lawyer Virginia.