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When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.
In Virginia, postnuptial agreements (commonly shortened to ?postnups?) can be as strong as prenuptial agreements. These agreements, if executed correctly, are valid and legally enforceable.
Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.
A postnuptial agreement can create rules for many different things should the couple divorce. Asset and property division. Investments. Inheritance. Premarital assets. Debts. Retirement and 401(k) accounts. Child custody and child support. Alimony or spousal support.
An agreement should be reached when legal counsel is present. Although a postnuptial agreement is cooperative, each spouse should have their own lawyer. Some couples may elect to have one lawyer act as a mediator, but for best results, each spouse should receive personalized legal advice from an independent source.