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Prenuptial agreement, also known as a premarital agreement, is a contractual agreement between the parties in anticipation of marriage that goes into effect upon marriage. The contract can cover a variety of topics and defines any conditions, rights or obligations between the parties as it relates to the marriage.
Prenuptial agreements can state how property and assets are to be divided in the case of termination of the marriage. It can define spousal maintenance, child support, and child custody arrangements. It can state what religion the children are to be raised in, and how they are to be educated.
The state of Virginia recognizes premarital agreements.
Postnuptial agreement, also known as a postmarital agreement, is a contractual agreement made between already married individuals, or those in a civil union. A postmarital agreement concerns the rights and obligations of each spouse in the event one spouse dies or the couple divorces. Similar to prenuptial agreements, a postnuptial contract establishes division of property, and assets, as well as spousal support in the event the couple decides to divorce.
Postmarital agreements are distinct from separation agreements, which govern the rights and obligations of married persons upon separation and until the court recognizes the separation, or until the court orders the final divorce decree.
The state of Virginia recognizes postmarital agreements, although the agreement must not violate state regulations.