What Should Your Prenup Include?

 Posted on May 19, 2025 in Family Law

If you are getting married soon, congratulations are in order! As you prepare for your wedding, you are likely thinking about the venue, the cake, the flowers, the dress, and the tux. Like many thoughtful couples, you may also be discussing your shared values and how you wish to handle finances in the marriage. If the idea of signing a prenuptial agreement has come up in those conversations, and you are considering signing one, know that you are not alone. Prenuptial agreements are on the rise in the United States, and about 15 percent of couples sign one. Given all this, you might want to know what sort of information goes into a prenuptial agreement and how one might be useful for you. An experienced Falls Church, VA family law attorney can guide you as you draft your prenup.

What Is a Prenup?

A prenuptial agreement, commonly called a prenup, legally determines how you and your future spouse will divide assets in the event of a divorce. It can be challenging to discuss finances and even scary to consider the possibility of divorce just as you are entering your marriage. However, many people find that prenups can actually provide them with the peace of mind of knowing they will be financially protected in the event that the marriage does not work out. 

What Should You Include In Your Prenuptial Agreement?

There are many important provisions that should go into a prenup. Some of the most commonly included sections are:

Property and Asset Division

Virginia law allows couples to determine how they wish to handle their property and address each party’s right to sell or buy it. Your prenuptial agreement should outline which assets will be considered marital property, which will be considered separate property, and how the marital assets will be divided in the event of a divorce.

Spousal Support

Your Virginia prenup should outline your agreement regarding any spousal support, also called alimony. Keep in mind that you cannot use prenups to determine child support (or child custody), as this will be determined by the courts based on whatever arrangement serves the child’s best interests at the time of the divorce. 

Provisions Regarding Wills or Trusts

You can also include a section in your prenup that obligates the parties to make a will or trust intended to carry out the terms of the prenup. 

Call a Falls Church, VA Family Law Attorney 

Getting married is a wonderful rite of passage, and if you are considering signing a prenuptial agreement, Salvado Law Offices is here to assist you. Our experienced Lincolnia, VA family law attorneys can negotiate and draft an agreement that will protect your rights and give you peace of mind for the future. Call the law firm at 703-379-9446 to schedule an initial consultation with one of the skilled family law attorneys.