A postnuptial agreement in Virginia is governed by Va. Code § 20-147 et seq. (Premarital Agreement Act). Law Offices Of SRIS, P.C. has extensive family law experience across Virginia, with 4,739+ firm-wide documented results. A postnuptial agreement allows married couples to define property division, spousal support, and financial rights after marriage.
Postnup Lawyer Virginia
Virginia’s Premarital Agreement Act, codified at Va. Code § 20-147 et seq., governs both prenuptial and postnuptial agreements. A postnuptial agreement is a legally binding contract signed after marriage that addresses the division of marital property, spousal support, and other financial matters. Under Virginia law, the agreement must be in writing, signed by both parties, and not unconscionable. Full financial disclosure is required for enforceability. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to postnuptial agreement matters across Virginia.
Last verified: April 2026 | Virginia Circuit Courts | Virginia General Assembly — official site
For the full text of Virginia’s Premarital Agreement Act, visit: Va. Code § 20-147 et seq. (Virginia General Assembly — official site). For Virginia Supreme Court rules on family law matters, see: Virginia Courts — Family Law Resources (courts.state.va.us).
In Virginia Circuit Courts, judges routinely scrutinize postnuptial agreements for procedural fairness. We have observed that the most common reason for enforcement challenges is inadequate financial disclosure. A postnuptial agreement drafting lawyer Virginia must ensure both parties provide complete asset and liability statements.
- Schedule a consultation with a marital agreement after marriage lawyer Virginia to discuss your financial goals.
- Gather all financial documents including tax returns, bank statements, property deeds, and retirement accounts.
- Your attorney drafts the agreement addressing property division, spousal support, and debt allocation.
- Both parties review the agreement with independent legal counsel.
- Sign the agreement voluntarily before a notary public.
- Keep the original signed agreement with your important documents.
In Virginia, a postnuptial agreement is a civil contract, not a criminal matter. However, failing to comply with Va. Code § 20-147 et seq. can result in the agreement being declared unenforceable by the court.
| Issue | Legal Standard | Consequence |
|---|---|---|
| Lack of Financial Disclosure | Full disclosure required | Agreement may be voided |
| Duress or Coercion | Voluntary signing required | Agreement unenforceable |
| Unconscionable Terms | Fair and reasonable at signing | Court may refuse enforcement |
| Failure to Sign in Writing | Written and notarized | Agreement invalid |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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. This deep understanding of Virginia family law informs every postnuptial agreement we draft.
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%. While specific postnuptial agreement case results vary, our firm has extensive experience drafting and litigating marital agreements in Virginia. Results may vary.
Our location in Fairfax, Virginia is approximately 1.5 miles from the Fairfax County Circuit Court, with access via I-66 and Route 50. Serving the communities of Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg. 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 after marriage that governs property division, spousal support, and other financial matters. In Virginia, it is governed by Va. Code § 20-147 et seq. (Premarital Agreement Act), which applies to both prenuptial and postnuptial agreements. The agreement must be in writing, signed by both parties, and not unconscionable.
Yes. A postnuptial agreement in Virginia is a legally binding contract governed by Va. Code § 20-147 et seq.
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. The agreement must be in writing, signed voluntarily by both parties, and based on full financial disclosure. Courts may refuse enforcement if the agreement is unconscionable or was signed under duress. A postnuptial agreement drafting lawyer Virginia can help ensure enforceability.
Yes, if properly drafted under Va. Code § 20-147 et seq.
How does a postnuptial agreement differ from a prenuptial agreement in Virginia?
Both are governed by Va. Code § 20-147 et seq. in Virginia. A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after marriage. Postnuptial agreements often address changes in financial circumstances, inheritance, or business interests that arise during the marriage. Both must be in writing and signed voluntarily.
Can a postnuptial agreement address child custody or child support in Virginia?
No. Under Virginia law, child custody and child support are determined by the court based on the experienced interests of the child (Va. Code § 20-124.2) and statutory child support guidelines (Va. Code § 20-108.1). A postnuptial agreement cannot waive or predetermine these rights. However, it can address spousal support and property division.
How long does it take to draft a postnuptial agreement in Virginia?
Drafting a postnuptial agreement in Virginia typically takes 2-4 weeks, depending on the complexity of assets and the need for financial disclosure. Both parties should have independent legal counsel. A marital agreement after marriage lawyer Virginia can guide you through the process. The agreement must be signed voluntarily and notarized.
How does a Virginia lawyer defend against postnup charges?
Defense strategies for postnup 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 postnup charges in Virginia?
If facing postnup 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 on family law matters in Virginia, visit our Cruelty Divorce Lawyer Virginia page. You may also find these resources useful: Stock Options Divorce Lawyer Louisa County, Stock Options Divorce Lawyer Rockingham County, and Stock Options Divorce Lawyer Bedford County.
Last verified: April 2026. This page was last updated on 2026-04-30.