Postnup Lawyer Fairfax, VA

Strategy Options for Postnuptial Agreements

Postnuptial agreements in Virginia are governed by the Premarital Agreement Act (Va. Code § 20‑147 et seq.). They can address property classification, spousal support, and other financial matters, as long as the terms do not violate public policy or encourage divorce. Mr. Sris and his Of Counsel work with you to craft an agreement that reflects your goals and complies with Virginia law.

One strategy is to use a postnup to convert separate property into marital property, or to protect a spouse’s inheritance or business interests. Another common approach is to specify how retirement accounts, real estate, and debt will be divided. The key is that both parties fully understand and voluntarily agree to the terms, with independent legal advice wherever possible.

What To Expect When Creating a Postnuptial Agreement

Drafting a postnuptial agreement involves full financial disclosure from both spouses. You will list all assets, debts, and income, then negotiate the terms with the guidance of your respective attorneys. Once you reach an agreement, the document is signed before a notary.

Because Virginia is an equitable‑distribution state, the courts will divide marital property according to Va. Code § 20‑107.3 if you divorce without an agreement. A properly drafted postnup can override the default statutory scheme and give you control. The timeline depends on the complexity of your finances and how quickly you and your spouse can agree on terms. Your attorney will handle the drafting and legal formalities.

Understanding the Impact of a Postnuptial Agreement

Without a valid postnuptial agreement, Virginia’s equitable‑distribution rules will determine who gets what. A judge, not you, decides what is fair after weighing the statutory factors. A well‑drafted postnup can reduce conflict, limit litigation costs, and provide a clear path forward if the marriage does not endure.

It is important to note that a court may set aside a postnuptial agreement if it finds the agreement was entered into involuntarily, unconscionably, or without adequate financial disclosure. That is why having an experienced family‑law attorney guide you through the process is so critical.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team includes attorneys with experience in complex property matters, business valuation, and high‑net‑worth divorces. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which amended Virginia’s equitable‑distribution statute. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.

Verify admissions: Virginia State Bar · MD Judiciary · DC Bar · NJ Courts · NY OCA

Last reviewed: June 2026

Frequently Asked Questions

What is a postnuptial agreement in Virginia?

A postnuptial agreement is a written contract signed by spouses after they marry. It can define property rights, spousal support, and other financial matters in the event of divorce or death. In Virginia, postnuptial agreements are governed by the same Premarital Agreement Act (Va. Code § 20‑147 et seq.) that covers prenuptial agreements. They must be voluntary, in writing, and based on full and fair disclosure. A postnup cannot dictate child custody or support matters, as those are always decided by the court based on the child’s best interests.

Do I need a lawyer to draft a postnuptial agreement in Fairfax?

Virginia law does not require you to hire a lawyer, but having one is strongly advisable. A postnuptial agreement affects your property rights and financial future. An experienced attorney can ensure the agreement is legally enforceable, that all required disclosures are made, and that your interests are protected. If one spouse signs without legal advice, a court may later find the agreement unenforceable on grounds of unfairness or lack of understanding.

Are postnuptial agreements enforceable in Virginia?

Yes, postnuptial agreements are enforceable if they meet the requirements of Virginia’s Premarital Agreement Act. The agreement must be in writing, signed by both parties, and entered voluntarily. Both spouses must have made a fair and reasonable disclosure of their assets and debts. A court may refuse to enforce an agreement that is unconscionable or that was signed under duress, fraud, or coercion. An attorney can help make sure your agreement holds up in court.

Can a postnuptial agreement address spousal support in Virginia?

Spouses can include spousal‑support provisions in a Virginia postnuptial agreement. You may waive alimony, set a fixed amount, or create a formula based on the length of the marriage or other factors. However, a court can review a spousal‑support waiver at the time of divorce if enforcing it would leave one spouse destitute. An attorney can advise you on how to structure support terms that the court is likely to respect.

How is a postnuptial agreement different from a prenuptial agreement?

A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the wedding. Both are governed by the same Virginia statute and serve similar purposes. The main difference is timing: drafting a postnup while you are already married may involve financial facts that have changed since the wedding. Some couples find it harder to negotiate after they are married, but a well‑crafted postnup can still provide certainty for both spouses.

Can we modify a postnuptial agreement later?

Yes, you can amend or revoke a postnuptial agreement at any time, as long as both spouses agree to the changes in writing. The same legal requirements of voluntariness and full disclosure apply. If you expect a change in circumstances—such as starting a business or receiving an inheritance—a modification can help keep the agreement current. An attorney can draft an amendment that meets the legal standard.

What happens if one spouse does not fully disclose assets?

If a spouse hides assets or income during the negotiation, the postnuptial agreement may be set aside by a Virginia court. Full and fair financial disclosure is a cornerstone of enforceability. Courts do not look kindly on agreements signed under false pretenses. Your attorney will guide you through the disclosure process to ensure everything is on the table.

Related pages: Fairfax County Family Law Lawyer · Falls Church Family Law · Prince William County Family Law

For a complete statutory analysis, visit our family law practice on srislawyer.com.

Primary sources: Virginia Code Title 20 (Domestic Relations) · Fairfax County Circuit Court

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