Marital Agreement Lawyer New Kent County, VA

Jennifer and Michael in New Kent County are planning their wedding later this year. Both own businesses and want a prenuptial agreement to protect their separate assets and clarify spousal support expectations. In Virginia, marital agreements are governed by the Premarital Agreement Act. Getting the terms right matters for enforceability. If you are considering a prenuptial or postnuptial agreement, Mr. Sris and his Of Counsel can help. Contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategic Options for Your Marital Agreement

Whether you are engaged, already married, or separating, there are several ways a marital agreement can address property and support questions. A prenuptial agreement, entered into before marriage, can identify which assets remain separate and which become marital. A postnuptial agreement serves a similar purpose but is signed during the marriage. For spouses who have decided to live apart, a separation agreement—often called a marital settlement agreement—can resolve all issues related to property division, spousal support, and even custody arrangements without going to court.

Mr. Sris and his Of Counsel help clients evaluate which type of agreement fits their situation. The process typically begins with a confidential consultation where you and the firm’s attorneys discuss your goals, financial holdings, and potential areas of dispute. From there, the firm drafts an agreement tailored to Virginia law and your specific needs. The goal is a clear, enforceable document that protects both parties when matters are resolved amicably. If negotiations become contested, the firm is prepared to advocate for your interests during mediation or litigation in the New Kent County Circuit Court.

What to Expect When You Work With Us

Once you contact the firm, a consultation is scheduled at a time convenient for you. During this meeting, the firm’s attorneys review your financial situation, property, and debts. Full and honest disclosure is essential because an agreement that hides assets can be set aside later. After gathering the necessary information, the firm drafts the agreement, paying careful attention to the statutory requirements under Va. Code § 20-147 et seq. And relevant case law.

You and your spouse will each have the opportunity to review the draft, ideally with separate legal counsel, to ensure your interests are protected. The firm then revises the document as needed and prepares it for execution. Once both parties sign, the agreement becomes a binding contract, though certain provisions—such as child support—may still be subject to court review. Throughout the process, the firm communicates with you regularly so you understand each step and timeline, which varies depending on the complexity of your assets and the level of cooperation between the parties.

What Happens if a Marital Agreement Is Not Enforceable

A marital agreement that does not meet Virginia’s legal standards may be set aside by a court. Common reasons include lack of voluntary consent, failure to disclose assets, terms that are unconscionable, or improper execution. When an agreement is declared invalid, the parties fall back on Virginia’s equitable distribution rules. Under Va. Code § 20-107.3, the circuit court divides marital property based on a list of statutory factors, not necessarily equally. That can lead to outcomes neither party intended, including extended litigation over business valuations, retirement accounts, and spousal support.

If you have a marital agreement from another state or drafted before marriage, its enforceability in Virginia depends on compliance with the Premarital Agreement Act and the Full Faith and Credit Clause, as well as whether it violates Virginia public policy. Working with a lawyer who understands how New Kent County judges apply these rules can reduce the risk of surprise. Mr. Sris and his Of Counsel focus on drafting agreements that are clear, thorough, and likely to withstand judicial scrutiny.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. His legislative experience includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is supported by Of Counsel attorneys who are experienced in drafting marital agreements, equitable distribution, and spousal support matters. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.

Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: July 2026

Frequently Asked Questions

What is a marital agreement in Virginia?

A marital agreement is a written contract between spouses or future spouses that sets out how property, debts, and spousal support will be handled during the marriage, upon separation, or after divorce. Virginia law recognizes prenuptial agreements under the Premarital Agreement Act (Va. Code § 20-147 et seq.) and separation agreements under Va. Code § 20-109. A well-drafted agreement can provide certainty and reduce conflict, but it must meet specific legal requirements to be enforceable. If you have questions about which type of agreement is right for you, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer to draft a prenuptial agreement in New Kent County?

You are not legally required to hire a lawyer to draft a prenuptial agreement, but having experienced legal guidance significantly improves the chances the agreement will be upheld in court. Virginia courts look closely at whether both parties entered the agreement voluntarily and with full financial disclosure. A lawyer helps ensure the document complies with the Premarital Agreement Act and addresses your specific situation, reducing the risk that a judge later sets it aside. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Can a marital agreement include child custody terms?

No, child custody and visitation decisions are always subject to court review based on the best interests of the child, and parents cannot contract away the court’s authority to modify those arrangements. While a separation agreement may include a parenting plan, a judge can always change custody or visitation if circumstances warrant. Child support can be addressed in a marital agreement, but the amount must meet Virginia’s statutory guidelines, and the court may deviate from the agreement if it finds the support inadequate. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Is a postnuptial agreement enforceable in Virginia?

Yes, postnuptial agreements are enforceable in Virginia if they are entered into voluntarily, with full financial disclosure, and their terms are not unconscionable. The same statutory framework that governs prenuptial agreements applies to postnuptial agreements. Courts may scrutinize a postnuptial agreement more closely than a prenuptial one because the parties are already married and may be in unequal bargaining positions. Working with a lawyer helps ensure the agreement is fair and will stand up in the New Kent County Circuit Court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What makes a marital agreement invalid?

A marital agreement may be set aside by a Virginia court if one party did not voluntarily enter it, if there was a failure to disclose assets, or if the terms are so one-sided as to be unconscionable. Other defects include executing the agreement under duress, fraud, or undue influence. Even a technical error, like missing required disclosures or not having it properly notarized, can create problems. An experienced lawyer can help you avoid these pitfalls. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

How is a separation agreement different from a prenuptial agreement?

A separation agreement is signed when the parties have already separated or are about to separate and addresses property division, spousal support, and other issues; a prenuptial agreement is signed before marriage and governs what happens if the marriage later ends. A separation agreement, often called a marital settlement agreement, can also include child custody and support terms, though those are always modifiable by the court. Both must comply with Virginia law, but a separation agreement may be incorporated into a final divorce decree, making it easier to enforce. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What does a New Kent County marital agreement lawyer cost?

Fees vary depending on the complexity of your assets, the number of issues to be resolved, and whether the agreement is contested. The firm offers a consultation to review your situation and provide a clear understanding of what the process will involve. While it is natural to be concerned about costs, investing in a properly drafted agreement can save significant expense and frustration later. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Can a marital agreement be modified later?

Yes, a marital agreement can be modified if both parties agree in writing, or, in the case of a separation agreement, if a court finds a material change in circumstances for child-related provisions. The modification must meet the same formalities as the original agreement—written, signed, and, for prenuptial agreements, acknowledged. If the parties cannot agree, the court may revisit some terms, especially those involving support or custody, when circumstances have significantly changed. To discuss modifications, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Virginia family law statutes: Virginia Code Title 20 – Domestic Relations | New Kent County Circuit Court | Virginia Judicial System

For a more detailed statutory analysis, see our comprehensive overview of Virginia family law.

Speak with a Marital Agreement Lawyer

If you are considering a prenuptial, postnuptial, or separation agreement in New Kent County, Virginia, contact Law Offices Of SRIS, P.C. to schedule a consultation. The firm’s Richmond Location serves clients throughout the county, including New Kent, Providence Forge, and Quinton. Call (888) 437-7747 or use the online form to request an appointment. By appointment only.

Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(888) 437-7747

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