Postnup Lawyer Near Me

If you are searching for a postnup lawyer near you in Virginia, you may be considering a postnuptial agreement to clarify financial rights and responsibilities within your marriage. A postnuptial agreement — sometimes called a postnup — is a written contract between spouses signed after the wedding, not before. It addresses property division, spousal support, and other financial matters in the event of separation or divorce. Under Virginia law, postnuptial agreements are governed by the Premarital Agreement Act, Va. Code § 20-147 et seq., which applies to both premarital and postmarital agreements. Courts in Virginia review these agreements for procedural and substantive fairness, and an agreement that is properly drafted and voluntarily executed can provide significant clarity for both spouses. Law Offices Of SRIS, P.C. assists clients throughout Virginia — including the Hampton Roads region, from Hampton and Newport News to Norfolk, Virginia Beach, Chesapeake, Portsmouth, and Suffolk — with the preparation, negotiation, and review of postnuptial agreements. To discuss your situation with Mr. Sris and his Of Counsel, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a Postnuptial Agreement Means in Virginia

Virginia is an equitable distribution state, meaning marital property is divided fairly — but not necessarily equally — upon divorce. A postnuptial agreement allows spouses to define what is marital property and what is separate, and to agree in advance on how assets and debts will be allocated if the marriage ends. The statutory framework for these agreements is found in the Virginia Premarital Agreement Act, codified at Va. Code § 20-147 through § 20-155. Under § 20-151, a postnuptial agreement is enforceable unless the person against whom enforcement is sought proves that the agreement was not executed voluntarily, or that it was unconscionable when executed and that person did not have adequate financial disclosure, did not waive disclosure in writing, and could not reasonably have had knowledge of the other party’s property and obligations.

Virginia courts consider postnuptial agreements in the context of the specific facts of each marriage. A properly drafted postnuptial agreement can address the division of real estate, retirement accounts, business interests, investment portfolios, and personal property. It may also include provisions on spousal support, though a court retains the authority to evaluate support waivers for fairness under certain circumstances. For couples in the Hampton Roads area — including military families stationed at Joint Base Langley-Eustis, Naval Station Norfolk, or other installations — a postnuptial agreement can address unique financial considerations, such as the division of military pensions under the Uniformed Services Former Spouses’ Protection Act. Whether you reside in Hampton, Newport News, Yorktown, or elsewhere in the Tidewater region, consulting with experienced counsel helps ensure that your agreement meets all statutory requirements.

How Mr. Sris and His Of Counsel Handle Postnuptial Agreement Matters

Mr. Sris and his Of Counsel work with clients to prepare postnuptial agreements that reflect the specific financial circumstances of each marriage. The process typically begins with a consultation to understand the client’s objectives, the nature of the marital assets, and any particular concerns about future contingencies. Comprehensive financial disclosure is a foundational requirement under Virginia law — both parties must provide a clear and complete picture of their assets, liabilities, and income. Without adequate disclosure, an agreement may be vulnerable to challenge.

Once the relevant financial information is gathered, Mr. Sris and his Of Counsel draft the agreement to address property classification, division of assets and debts, spousal support, and any other financial matters the parties wish to resolve. If both spouses are represented by independent counsel, negotiation of terms proceeds with each party’s interests protected. If one spouse is unrepresented, the agreement should expressly state that the unrepresented party had the opportunity to seek independent legal advice. After execution, the agreement should be maintained in a safe location and reviewed periodically, particularly after significant life events such as the birth of a child, a substantial change in income, or relocation. Mr. Sris and his Of Counsel assist clients with both initial drafting and subsequent review of existing agreements.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings insight into how legal disputes are framed and litigated. His background in accounting and information systems provides an analytical foundation for handling the financial dimensions of postnuptial agreements, including the valuation of business interests, retirement assets, and complex marital estates. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris works alongside his Of Counsel, experienced attorneys who concentrate in family law matters including postnuptial and prenuptial agreements. Together, Mr. Sris and his Of Counsel bring extensive collective experience to the preparation of marital agreements. The firm’s Virginia locations serve clients throughout the Commonwealth, including the Hampton Roads communities of Hampton, Newport News, Norfolk, Virginia Beach, Chesapeake, Portsmouth, and Suffolk. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Frequently Asked Questions

Is a postnuptial agreement enforceable in Virginia?

Yes, a postnuptial agreement is enforceable in Virginia if it meets the requirements of the Premarital Agreement Act, Va. Code § 20-147 et seq. Under § 20-151, the agreement must be in writing and signed by both parties. It is enforceable unless the party challenging it proves that execution was not voluntary or that the agreement was unconscionable when made and there was inadequate financial disclosure. Courts examine the totality of circumstances, including whether each party had the opportunity to consult with independent legal counsel. A well-drafted agreement that is entered into freely and with full disclosure of assets and obligations is presumptively valid.

What is the difference between a prenuptial agreement and a postnuptial agreement?

The primary difference is timing: a prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the wedding. Both are governed by the same Virginia statute — the Premarital Agreement Act, Va. Code § 20-147 et seq. — which applies to agreements executed both before and after marriage. Functionally, both types of agreements can address the same subjects: property division, debt allocation, and spousal support. A postnuptial agreement may be used when circumstances change during the marriage, such as one spouse starting a business, receiving an inheritance, or when a couple wishes to clarify financial arrangements that were not addressed before the wedding.

Can a postnuptial agreement address spousal support in Virginia?

Yes, a postnuptial agreement may include provisions regarding spousal support, including modification or waiver of support, subject to court review for fairness. Under Va. Code § 20-151, a provision that modifies or eliminates spousal support is enforceable unless enforcement would cause one party to become eligible for public assistance. Virginia courts retain the authority to evaluate support provisions to ensure they do not create an unconscionable result. The statutory factors that a court would otherwise consider in determining spousal support — including the duration of the marriage, the standard of living during the marriage, and the earning capacity of each spouse — inform whether a support provision in a postnuptial agreement is likely to be upheld.

Do both spouses need their own lawyer for a postnuptial agreement?

Virginia law does not require each spouse to have independent legal counsel, but it is strongly advisable. Independently represented parties are better positioned to negotiate terms that protect their respective interests. When one spouse is unrepresented, the agreement should expressly state that the unrepresented party was advised to seek independent counsel and voluntarily chose not to do so. A court reviewing the agreement’s enforceability will consider whether each party had a meaningful opportunity to consult with an attorney. To discuss representation in connection with a postnuptial agreement, call Law Offices Of SRIS, P.C. at (888) 437-7747.

What should a postnuptial agreement include to be enforceable?

To be enforceable in Virginia, a postnuptial agreement should include a clear statement of each party’s assets and liabilities, be signed voluntarily by both spouses, and be in writing. The agreement should identify what is marital property and what is separate property, specify how assets and debts will be divided upon divorce or separation, and address spousal support if the parties wish to do so. Financial disclosure is essential — each party must receive a fair and reasonable disclosure of the other’s property and financial obligations, or waive the right to such disclosure in writing. Ambiguity in drafting can lead to disputes over interpretation, so precise language describing the assets covered and the intended division is critical.

Can a postnuptial agreement be modified or revoked?

Yes, a postnuptial agreement may be amended or revoked by a subsequent written agreement signed by both spouses. Under Va. Code § 20-153, an amendment or revocation is effective only if it is in writing and executed with the same formalities as the original agreement. This means both parties must sign the amendment or revocation voluntarily. Oral modifications are not enforceable under the statute. If the parties’ circumstances change significantly — for example, through the birth of a child, a major change in income, or relocation — they may wish to revisit their agreement. For assistance with modifying an existing postnuptial agreement, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Virginia Legal Resources

The following official Virginia primary sources provide additional information on postnuptial agreements and family law:

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