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The circumstances surrounding the creation of the postnup must also be fair. It's not just about the terms within the agreement. For example, both parties must be willing and voluntarily agree to get a postnup. There should be no evidence of fraud, duress, coercion, undue influence.

Possible cons of postnuptial agreements include: Potential for creating mistrust or tension in the relationship. Emotional stress during negotiation. Limitations on future financial flexibility. Invalidation risks due to improper drafting or execution. Risk of outdated terms without regular updates.

Prenups in Virginia Prenups can also limit the financial and emotional expense of divorce. While you don't have to visit an attorney to draft a prenup in Virginia, prenuptial agreements must be in writing to be legally valid, and must meet other requirements.

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

If you initially didn't want a prenup or didn't have a chance to draft one, you can create a postnup to help safeguard your interests after marriage. This may be particularly important if your financial circumstances have changed during your marriage.

There are two main types of Virginia marital agreements. The first is a prenuptial agreement that a couple enters into prior to getting married. The second is a postnuptial agreement that a married couple enters into after they are already married.

Possible cons of postnuptial agreements include: Potential for creating mistrust or tension in the relationship. Emotional stress during negotiation. Limitations on future financial flexibility.

Coercion or Duress If one spouse forces or coerces other spouses into signing a postnuptial agreement, it could later become invalid if challenged in family court. Hence, for an agreement to be valid, both spouses must sign it voluntarily and without threat.

However, so long as your postnuptial agreement was drafted ing to the law, appears to be fair and just, and was signed with full voluntary consent, it should stand up in a court of law. Like any contract, a postnuptial agreement should be in writing.