Marriage Law
Marriage law includes laws pertaining to the establishment of a valid marriage, as well as laws pertaining to pre-nuptial and post-nuptial agreements. There are popular misconceptions about annulment. It is not possible to get an annulment just because you have been married for a short time. Attorney Virginia Perry has experience in annulment law and can advise you regarding the grounds for an annulment and assist you with the process if you qualify. Most people have heard of prenups or even marital agreements and separation agreements, but not many are familiar with cohabitation agreements. Perry Law group, just 20 minutes south of Richmond, can assist you in your marriage law matters and we will devote our time to work with you hand in hand, to get the outcome you desire.
Prenuptial Agreements
A prenup is essentially an agreement made by a couple before they marry — hence the prefix ‘pre’ — regarding the ownership of their respective assets. The contract becomes effective upon the marriage of the parties. If they do not marry, the contract does not become effective.
A prenup is a good idea if:
- The parties are older with significant assets accrued to one or both of them.
- One or both parties have children from a prior relationship.
- One or both parties have acquired wealth through actively managed business or investment portfolio(s) or pension/retirement account(s) and desire to ensure that the property remains separate property.
- One party has made promises to induce the other to relocate and/or marry the other.
- There is a disparity in the respective incomes of the parties.
- One or both of the parties have debts going into the marriage.
- One party is giving up, selling, or disposing of property in consolidating your households.
- If one or both parties would like to change the provision made for the spouse under Virginia estate law and statutes, then a prenup is a good idea.
- At any time, one or both parties desire to clarify which items of property will be deemed marital and which will be deemed separate or to limit or eliminate the possibility of spousal support.
Cohabitation Agreements
Fewer people have heard about cohabitation agreements. These are similar to prenups in that they establish a set of legal agreements made between a couple, however in this scenario the couple is not married. With more and more couples deciding to live together without getting married, a cohabitation agreement is a very smart move. Agreements like these are good for couples, as financial distress and arguments often are the bane of relationships.
FAQs
Q: What is required to get married?
You must obtain a valid marriage license; To obtain one, you and your fiancé(e) must sign an application issued by the Clerk of the Circuit Court of the city or county where either of you usually lives, and pay the applicable license tax at the time the license is issued. After you have obtained a valid marriage license, your marriage ceremony must be performed within 60 days of the date your license is issued. You must have a marriage license before you have the ceremony. A qualified minister, any judge, or a person appointed by the court can perform the ceremony. Usually, the clerk of the circuit court will have business cards of persons authorized to perform marriages in her/his office. You cannot legally marry a relative closer to you than a cousin, even if the relationship is by half-blood. You cannot marry your step- or adopted brother, sister, child, or parent, even if the adoption or step-relationship is by a previous marriage. If you have been married before, you must first obtain a valid divorce in the previous marriage to marry again. You and your fiancé(e) should disclose all relevant information to each other now that may be grounds for voiding your marriage later, such as impotence, felony conviction, religious orders, whether one of you is already the parent of someone else’s child or other relevant information as provided for by Virginia law.
Q: Is there an age requirement for marriage in VA?
Yes. The minimum age at which you can marry is 16, except in the case of pregnancy, which must be verified by a physician’s certificate. Persons under the age of 18 must have the consent of their parent or guardian unless they have been married before or have been judicially emancipated.
Q: What if a minor misrepresents his/her age and marries?
In such a case, the parent or parents of the underage person may bring an action to annul the marriage. The judge would then conduct a hearing and determine whether it would be in the best interest of the minor to validate or to annul the marriage.
Q: Does Virginia recognize "Common Law" marriage?
The short answer is no, Virginia does not recognize “Common Law” marriage. The longer answer is that it depends upon the circumstances. A “Common Law” marriage takes place when the two parties live together holding themselves out as married, despite not having obtained a marriage license or participated in a formal wedding or marriage ceremony. State laws of other jurisdictions specify the period of years necessary to accomplish a “Common Law” marriage. Merely cohabiting together in a jurisdiction that recognizes “Common Law” marriage, even for an extended period, is not enough for “Common Law” marriage. It is also necessary that the couple express the intention to be married and to further hold themselves out as married. Virginia law does not allow for or specify any period of time or manner to circumvent the requirements for a license and ceremony. Historically, if a couple has cohabited in another jurisdiction holding themselves out as married where such marriages are deemed valid and did, in fact, cohabit for the period of time specified under the laws of that jurisdiction to become recognized as married, Virginia has also recognized such marriages.
Q: Does Virginia law acknowledge the validity of pre-marital agreements?
Yes. The Virginia Premarital Agreement Act (Virginia Code §§ 20-147 et seq.), first enacted in 1985, provides for the validity of pre-marital agreements.
Q: What are the statutory requirements for these contracts?
The contract must be in writing, signed by the parties, and the parties must marry.
Q: Is the prenup effective when executed?
No. Premarital agreements entered into in contemplation of marriage become effective only when the parties actually marry. Thus, if the parties never get married, the contract is never effective.
Q: What happens to the prenup, if the marriage is found to be void?
In the event of an annulment, the agreement is enforceable only to the extent necessary to avoid an unfair or inequitable result.
Q: Are there circumstances when parties should consider having a prenup?
Yes. When the parties are older with significant assets accrued to one or both of them, a prenup is a good idea. When one or both parties have children from a prior relationship, a prenup is a good idea. When one or both parties have acquired wealth through actively managed business or investment portfolio(s) or pension/retirement account(s) and desire to ensure that the property remains separate property, this may be accomplished by a prenup. When one party has made promises to induce the other to relocate and/or marry the other, a prenup is a good idea. If there is a disparity in the respective incomes of the parties, a prenup is a good idea. If one or both of the parties have debts going into the marriage, a prenup is a good idea. If one party is giving up, selling or disposing of property in consolidating your households, a prenup is a good idea. If one or both parties would like to change the provision made for the spouse under Virginia estate law and statutes, then a prenup is a good idea. If at any time one or both parties desire to clarify which items of property will be deemed marital and which will be deemed separate or to limit or eliminate the possibility of spousal support, a prenup is a good idea.
The process of discussing these areas and arriving at agreements with respect to these areas is good for relationships. The leading cause of divorce is financial disagreements. Working through those areas before the wedding is much better than discovering after the wedding that you are not suited to each other.
Remember, if you choose to marry without a prenup and subsequently find yourself facing separation and divorce, you effectively chose the provisions and allowances contained in Virginia divorce law pertaining to spousal support, property division, etc. Even if you reach a property settlement during your separation, the terms of the agreement will probably be influenced by the rights and obligations of you and your spouse as reflected in Virginia law. As we tell our divorce clients who complain about how much it costs them to separate out their financial interests in the divorce, they chose the statutory scheme by not having a prenup.
Q: What types of things may the parties determine by contract?
Section 20-150 of the Virginia Premarital Agreement Act allows parties to contract regarding: the rights of each in the property of the other or in the property of both of them; the right to manage and control property; the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; spousal support; making a will, trust or other agreement; life insurance; choice of law and any other matter not in violation of public policy or a criminal statute. For example, the parties may not contract for the right to marry more than one spouse.
Q: Is it too late to reach an agreement, if I already married without a prenup?
Not if you and your spouse can agree upon terms. It is too late for a prenuptial agreement, but not too late for a marital agreement, provided you, and your spouse can agree on terms for such an agreement. Virginia Code § 20-155 allows married people to contract to the same extent and to the same effect and subject to the same conditions as prospective spouses.
If you are interested in a prenup or have any more questions about marriage law, contact us & give us a call at 804-520-7060.
Perry Law Group
3660 Boulevard Suite E,
Colonial Heights, VA 23834
Contact
Phone: 804-520-7060
Email: perry.law@lawyer.com
Business Hours:
Monday - Thursday 9:00 AM - 6:00 PM
Friday 9:00 AM - 1:00 PM
Saturday - Sunday Closed