Legal Question in Family Law in Virginia
Post-Nuptual Agrrement
My husband and I would like a post nup agreement. No one has heard of this. I am in the middle of a huge custody battle with my ex and I would like to make sure my husband doesn't get burned in the nuclear war. Is there a standard form then we can file in the Commonwealth of VA?
1 Answer from Attorneys
Re: Post-Nuptual Agrrement
There is no "standard form".
Your best protection is to make sure that your wills are up to date, and that marital assets are titled in the most advantageous way possible in view of your circumstances.
Agreements of the type you are considering only work if you marrying, separating or separated. At common law and still today, a husband and wife who are married and not separated or separating are considered to have an identity of interest. They cannot contract with each other regarding support and disposition of marital property.
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