Postnup Lawyer Near Me
If you are searching for a postnup lawyer near you, Law Offices Of SRIS, P.C. handles postnuptial agreement matters for clients across Virginia, Maryland, the District of Columbia, New Jersey, and New York. A postnuptial agreement—sometimes called a marital agreement—allows a married couple to define property division, spousal support, and other financial rights without ending the marriage. Mr. Sris, Owner and Founder of the firm, together with the firm’s Of Counsel attorneys, helps spouses craft enforceable agreements that reflect their present circumstances and protect their interests. Contact our firm at (888) 437-7747 to request a consultation.
What Is a Postnuptial Agreement?
A postnuptial agreement is a written contract entered into by a married couple after the wedding. Unlike a prenuptial agreement—signed before marriage—a postnup addresses how assets, debts, and spousal support will be handled if the marriage ends in divorce or separation. Postnuptial agreements can also clarify financial responsibilities during the marriage, resolve disagreements about property, and define what each spouse would receive upon the other’s death.
Postnuptial agreements are governed by state law, and each jurisdiction has its own standards for enforceability. In Virginia, for example, postnuptial agreements fall under the Virginia Premarital Agreement Act, Va. Code § 20-147 et seq. Courts in Maryland, the District of Columbia, New Jersey, and New York also evaluate postnuptial agreements under contract principles and state family-law statutes. Because enforceability depends on full financial disclosure, voluntary execution, and substantive fairness, working with an experienced attorney is important.
In Virginia, postnuptial agreements are authorized under the Premarital Agreement Act (Va. Code § 20-147 et seq.).
Source: Virginia Code. Virginia Premarital Agreement Act
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Postnuptial Agreement Cases
Mr. Sris and the firm’s Of Counsel attorneys approach each postnuptial agreement as a personalized legal tool, not a one-size-fits-all form. The process begins with a confidential consultation to understand the couple’s goals—whether they want to protect a business interest, define separate property, address a change in financial circumstances, or clarify spousal support expectations. Because each state applies different fairness standards, the team identifies the applicable jurisdiction’s requirements early.
After gathering the necessary financial information, Mr. Sris and the firm’s Of Counsel attorneys draft language that accurately reflects the couple’s intentions. They review the agreement with the spouse they represent, explain how courts in Virginia, Maryland, D.C., New Jersey, and New York might interpret each provision, and—when both spouses have independent counsel—coordinate with the other attorney to finalize a document that meets state statutory standards. Throughout this process, the focus remains on achieving a durable agreement that protects the client’s rights and reduces the risk of future litigation.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York and concentrates in family law matters including postnuptial agreements. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in accounting and information systems provides added insight when complex asset structures are involved.
The firm’s Of Counsel attorneys are experienced family law practitioners who work directly with Mr. Sris on postnuptial agreement matters. Together, they bring substantial collective experience to drafting and negotiating marital agreements under the laws of multiple states. Every attorney at the firm has over a decade of practice experience. The firm’s approach is collaborative, with each client receiving focused attention from the attorney handling their matter.
Frequently Asked Questions About Postnuptial Agreements
What is the difference between a postnuptial agreement and a prenuptial agreement?
A prenuptial agreement is signed before marriage, while a postnuptial agreement is entered into after the couple is already married. Both documents address property division, spousal support, and other financial matters should the marriage end, but the timing may affect enforceability and the level of scrutiny courts apply. Because spouses already owe each other certain duties, states often examine postnuptial agreements closely to ensure each party entered the contract voluntarily and with full knowledge of the other’s finances. An attorney can explain how the rules differ in each jurisdiction.
Are postnuptial agreements enforceable in Virginia, Maryland, and the surrounding states?
Yes, postnuptial agreements are generally enforceable in Virginia, Maryland, the District of Columbia, New Jersey, and New York when properly executed. Each state has its own statutory or common-law requirements. Courts typically require full financial disclosure, voluntary consent, and terms that are not unconscionable. If a court finds that one spouse hid assets, was coerced, or would suffer unfair hardship under the agreement, it may refuse to enforce some or all of its provisions. Working with counsel is key to drafting an agreement that will hold up.
What can be included in a postnuptial agreement?
Couples may address property classification, division of assets and debts, spousal support, and certain estate-planning matters. Common provisions define what is marital versus separate property, specify how a business or professional practice would be handled on divorce, and set the amount or waiver of alimony. Child custody and child support are generally not enforceable contract terms because courts retain authority to determine what serves a child’s best interests. An attorney can help tailor the agreement while staying within the law.
Do I need a lawyer to create a postnuptial agreement?
You are not legally required to hire a lawyer, but having experienced representation significantly reduces the risk that a court will later set the agreement aside. Drafting an enforceable postnuptial agreement requires navigating state-specific disclosure rules, fairness standards, and procedural formalities. If both spouses work with independent counsel, courts are far more likely to view the agreement as voluntary and informed. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What if we later divorce—can the postnuptial agreement be challenged?
A spouse may challenge a postnuptial agreement during a divorce, but courts generally uphold agreements that were made voluntarily and with full disclosure. Common grounds for challenge include fraud, duress, or failure to disclose significant assets. The party seeking to invalidate the agreement carries the burden of proof. Because litigation over a poorly drafted agreement can be costly, careful preparation at the drafting stage is a worthwhile investment.
How does the process of obtaining a postnuptial agreement work?
The typical process involves an initial consultation, financial disclosure, drafting, review, and execution. Once both spouses exchange complete financial information, the attorney prepares a draft tailored to the couple’s goals. The draft is reviewed and, when both sides have counsel, negotiated until both parties are satisfied. The final document is signed and notarized. The timeline varies by the complexity of the estate and the level of agreement between the spouses. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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