Challenging Enforceability of a Virginia Prenuptial Agreement

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Our Fairfax divorce lawyers understand that a well-drafted prenuptial agreement can help shield one’s property and facilitate a smoother transition from married life to singlehood. Even when couples start with little, whatever is earned during the marriage becomes “marital property” subject to equitable division if the marriage dissolves. Ensuring you keep what you earn is just one reason to consider a prenuptial agreement. These contracts can also specify who keeps certain assets and who is responsible for specific debts.

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The Growing Need for Prenuptial Agreements

More people today enter relationships with significant debts from college loans, credit cards, or child support obligations. Without a prenuptial agreement, courts have broad discretion in dividing assets and debts. A prenuptial agreement gives you more control over your financial future, and amendments can be made with a post-nuptial agreement as circumstances change.

When Prenuptial Agreements Can Be Deemed Unenforceable

However, some prenuptial agreements may be declared unenforceable if they are not drafted with proper care or if the terms are unfairly biased against one party. Recently, the West Virginia Supreme Court affirmed a lower court’s decision that a prenuptial agreement was unenforceable due to its unfairness.

Case Example: Owens v. Owens

In the case of Owens v. Owens, the couple married in December 1981. Days before the wedding, they signed a prenuptial agreement drafted by a lawyer who had represented the 38-year-old husband in other matters. The 23-year-old wife did not receive a copy of the agreement before signing it, nor was it thoroughly explained to her. The document indicated that each party would retain their current property and waived future spousal support. However, the court found multiple issues with the agreement, including:

  • The wife was not given independent counsel despite the agreement stating otherwise.
  • The wife was not fully aware of the husband’s assets when she signed.
  • The agreement subverted state laws on equitable distribution by excluding key items from marital property and disregarding debts.
  • The stipulation regarding child support contradicted public policy aimed at ensuring the best interests of children.

The court ultimately ruled the prenuptial agreement unconscionable.

Key Takeaways

This case illustrates the importance of properly drafting and executing prenuptial agreements. Reasons for invalidation may include:

  • False or incomplete information.
  • Undue pressure on one party to sign.
  • Provisions that are illegal or contrary to public policy.

While this case was decided in a neighboring state, prenuptial agreements remain a valuable tool for couples in Virginia to plan their financial futures. However, to ensure the enforceability of the document, it is crucial to work with an experienced family law attorney.

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