Marital Agreement Lawyer Near Me
Whether you are preparing to marry and want to define property rights before the wedding, or you are already married and seeking to clarify financial arrangements between spouses, a marital agreement can provide clarity and protection for both parties. Marital agreements—an umbrella term that covers prenuptial agreements entered into before marriage, postnuptial agreements executed during the marriage, and separation or marital settlement agreements that resolve issues when a marriage ends—allow couples to make their own decisions about property division, spousal support, and other financial matters rather than leaving those decisions to a court. Law Offices Of SRIS, P.C. assists clients with drafting, reviewing, and negotiating marital agreements across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, Owner and Founder of the firm, has practiced family law since 1997, and he and his Of Counsel bring extensive experience to marital agreement matters. For a consultation about your marital agreement needs, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Marital Agreements Mean in Family Law
A marital agreement is a written contract between spouses or prospective spouses that addresses financial rights, property division, and support obligations. The agreement may be entered into before the marriage—commonly called a prenuptial agreement or premarital agreement—or after the marriage has begun, known as a postnuptial agreement. When a marriage is ending, a separation agreement or marital settlement agreement serves a similar function by resolving the financial terms of the divorce outside of court. Each type of marital agreement serves the same fundamental purpose: allowing the parties to control their own financial arrangements according to their preferences and circumstances, rather than relying on a judge to apply statutory default rules.
In the jurisdictions where Law Offices Of SRIS, P.C. Practices, the legal framework for marital agreements varies. Virginia, for example, governs premarital agreements under the Virginia Premarital Agreement Act (Va. Code § 20-147 et seq.), which sets forth the requirements for a valid and enforceable prenuptial or postnuptial contract. Marital settlement agreements in Virginia are addressed under Va. Code § 20-109, which permits parties to a divorce to resolve property division, spousal support, and other issues by written agreement. Maryland, the District of Columbia, New Jersey, and New York each have their own statutory and common-law frameworks for enforcing marital agreements, and an agreement valid in one state may be treated differently in another. Mr. Sris and his Of Counsel understand the multi-jurisdictional implications of marital agreements, particularly for clients who own property in multiple states or who may relocate during the marriage.
How Mr. Sris and His Of Counsel Handle Marital Agreement Cases
Every marital agreement begins with a thorough understanding of the parties’ assets, liabilities, income, and goals. Mr. Sris and his Of Counsel work with clients to identify what property is at issue—including real estate, retirement accounts, business interests, investment portfolios, and family assets—and what each party hopes to accomplish through the agreement. For prenuptial agreements, the process involves full financial disclosure by both parties, negotiation of the agreement’s terms, and drafting a contract that complies with the applicable state’s legal requirements. Postnuptial agreements involve similar steps but occur during the marriage, often in response to changed circumstances such as an inheritance, a business venture, or a significant change in one spouse’s financial position.
For couples who are separating or divorcing, a marital settlement agreement can resolve all financial issues without the need for a contested trial. Mr. Sris and his Of Counsel assist clients in negotiating the division of marital property, determining whether spousal support is appropriate and in what amount, and addressing any related issues such as the disposition of the family home or the division of retirement benefits. In Virginia, which is an equitable distribution state under Va. Code § 20-107.3, the court considers a list of statutory factors in dividing property, but a valid settlement agreement signed by both parties allows them to make their own decisions. Similar principles apply in the other jurisdictions where the firm practices. Throughout the process, Mr. Sris and his Of Counsel focus on reaching a workable agreement that reflects the parties’ intentions and complies with the governing law.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has concentrated his practice in family law, among other areas, for nearly three decades. A former prosecutor, Mr. Sris brings a practical, problem-solving approach to marital agreement matters, drawing on his extensive experience in negotiation and litigation. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which became the 2019 revision to Va. Code § 20-107.3(g)—the equitable distribution statute that governs property division in Virginia divorces. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is supported by his Of Counsel team, a group of experienced attorneys who collectively bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is the difference between a prenuptial agreement and a postnuptial agreement?
A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the marriage has already taken place. Both types of agreements can address property division, spousal support, and other financial matters, but the timing of execution and the legal scrutiny each receives may differ. A prenuptial agreement takes effect upon marriage, while a postnuptial agreement takes effect upon signing, subject to the requirements of the governing state law. In Virginia, both are governed by the Virginia Premarital Agreement Act, but courts may examine postnuptial agreements more closely because spouses owe each other fiduciary duties during the marriage. An experienced family law attorney can advise on which type of agreement is appropriate for your circumstances.
Do I need a lawyer to create a marital agreement?
You are not legally required to hire a lawyer to create a marital agreement in most jurisdictions, but legal guidance significantly strengthens the enforceability of the agreement. A marital agreement that is fair, entered into voluntarily, and made with full financial disclosure is more likely to withstand a later challenge. When one or both parties lack independent legal representation, a court may scrutinize the agreement more carefully, particularly if one spouse later claims the agreement was unfair or signed under duress. Mr. Sris and his Of Counsel can draft, review, or negotiate a marital agreement on your behalf or provide independent legal advice about an agreement drafted by your spouse’s attorney.
What makes a marital agreement enforceable?
Enforceability of a marital agreement generally depends on full financial disclosure, voluntary execution by both parties, and substantive fairness at the time of enforcement. Each state applies its own standards. In Virginia, a premarital agreement is enforceable if it was entered into voluntarily and was not unconscionable when executed, and if the parties made a fair and reasonable disclosure of their financial circumstances. Other states in the firm’s practice area—Maryland, the District of Columbia, New Jersey, and New York—have similar but not identical requirements. Procedural irregularities, such as signing the agreement too close to the wedding date without adequate time for review, can affect enforceability. Working with experienced counsel helps ensure the agreement meets the applicable legal standards.
Can a marital agreement address spousal support or alimony?
Yes, a marital agreement can address spousal support, including whether support will be paid, the amount, and the duration, subject to certain limitations that vary by state. In Virginia, parties may agree to modify or waive spousal support in a premarital or marital settlement agreement, but courts retain the authority to review such provisions for unconscionability at the time of enforcement. New York and New Jersey also permit spousal support to be addressed in marital agreements, though the statutory frameworks differ. A well-drafted marital agreement can provide certainty about support obligations, which is particularly valuable when one spouse has substantially higher income or assets than the other.
What happens if my spouse challenges the marital agreement during a divorce?
If a spouse challenges a marital agreement during a divorce, the court determines whether the agreement meets the applicable legal standards for enforceability. The spouse challenging the agreement typically bears the burden of proving that the agreement was not entered into voluntarily, that there was a failure to disclose assets or liabilities, or that the agreement is unconscionable. This is why the negotiation and drafting process matters: an agreement prepared with full disclosure, adequate time for review, and independent legal advice for each party is substantially more likely to be upheld. Mr. Sris and his Of Counsel have experience defending marital agreements against challenges and can represent you in enforcement proceedings. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Where can I find a marital agreement lawyer near me?
Law Offices Of SRIS, P.C. serves clients in Virginia, Maryland, the District of Columbia, New Jersey, and New York from multiple firm locations, and can assist with marital agreement matters regardless of which jurisdiction applies to your case. The firm’s Fairfax Location serves clients throughout Northern Virginia and the greater Washington, D.C. Metropolitan area, while additional locations in Maryland, New Jersey, and New York provide accessible consultation options. If you are located in one of the firm’s practice jurisdictions or your marital agreement involves property or parties in one of these states, you can request a consultation by calling (888) 437-7747. Phones are answered 24 hours a day, and in-person meetings are available by appointment.
For additional information about marital agreements and related family law matters, see our pages on prenuptial agreements, postnuptial agreements, and separation agreements. If you are considering a marital agreement in a specific jurisdiction, you may also wish to review our location-specific resources for Virginia family law and Maryland family law.
For authoritative information about the legal framework governing marital agreements, consult the Virginia Premarital Agreement Act (Va. Code Title 20, Chapter 8) and the Virginia Circuit Courts website, which provides information about the courts that handle divorce and equitable distribution matters. For business entities or property-division questions involving LLCs or corporations, the Virginia State Corporation Commission maintains business-entity filing records.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.