Marital Agreement Lawyer Arlington County, VA

Marital agreements are legal documents that allow couples to define property rights, spousal support obligations, and other financial terms either before marriage or during the marriage. In Arlington County, Virginia, these agreements are governed by the Virginia Premarital Agreement Act (Va. Code § 20‑147 et seq.) and related provisions in Title 20. Whether you need a prenuptial agreement before the wedding, a postnuptial agreement after a change in circumstances, or a marital settlement agreement to resolve property division and support issues during separation, the advice of an experienced family law attorney can help you craft an enforceable, fair agreement. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have counseled clients throughout Arlington County on the drafting, negotiation, and enforcement of marital agreements. They appear regularly in the Arlington County Circuit Court — the court of exclusive original jurisdiction for divorce and equitable distribution matters — and in the Arlington County Juvenile and Domestic Relations District Court where support and custody matters are handled. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

What Marital Agreements Mean in Arlington County

Virginia is an equitable distribution state. When a marriage ends, the court divides marital property fairly — not necessarily equally — based on eleven statutory factors under Va. Code § 20‑107.3. A valid marital agreement changes that default. By signing a prenuptial or postnuptial agreement, a couple can contract around the statutory scheme and decide for themselves how assets, debts, and spousal support will be handled. A marital settlement agreement, entered into after separation, similarly resolves all outstanding issues and, if the parties wish, may serve as the basis for a no‑fault divorce on the ground of a six‑month or one‑year separation under Va. Code § 20‑91.

For Arlington County residents, the process of creating an enforceable marital agreement requires attention to both substantive Virginia law and local court practice. Agreements that are unconscionable, signed under duress, or that lack full financial disclosure may be set aside by the court. Mr. Sris and his Of Counsel work with clients to build thorough, transparent agreements that are likely to withstand judicial scrutiny. They understand the nuances that the Arlington County courts weigh, including the treatment of real estate in the competitive Northern Virginia market, government and military retirement benefits, and business interests. Because Arlington County is an urban jurisdiction adjacent to Washington, D.C., many clients have complex financial portfolios, requiring careful attention to valuation and classification of separate and marital property.

How Mr. Sris and His Of Counsel Handle Marital Agreement Cases

Every marital agreement begins with a thorough discussion of the client’s goals, assets, debts, and family situation. The lawyer explains Virginia’s statutory framework and outlines the client’s rights under Title 20. If the other party is already represented, Mr. Sris and his Of Counsel will negotiate the terms directly with opposing counsel. If the other party is unrepresented, they will encourage the other party to retain independent counsel to review the agreement — a best practice that strengthens the agreement’s enforceability.

The drafting process includes full financial disclosure, a clear description of the property and support terms, and execution before a notary with all required formalities. When the marital agreement is part of a contested divorce, Mr. Sris and his Of Counsel have the litigation experience to argue for its validity — or to challenge an agreement that was not fairly obtained — in the Arlington County Circuit Court. They also handle post‑divorce enforcement and modification proceedings when circumstances change. Throughout the process, they focus on achieving a resolution that protects the client’s interests while minimizing conflict and cost whenever possible.

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. He is a former prosecutor and brings a thorough understanding of courtroom procedure to family law matters. His legislative experience includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that addressed the direct payment of retirement benefits in divorce — an important component of many marital agreements. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris works alongside a team of Of Counsel attorneys who collectively bring substantial experience in family law, estate planning, and civil litigation. Each Of Counsel attorney is an independent practitioner engaged through the firm, not an employee. Together, they represent clients across the five firm jurisdictions, with a strong focus on Virginia localities including Arlington County. They approach every marital agreement with attention to detail, a commitment to clear communication, and an understanding of how the agreement will interact with other legal areas such as divorce, child custody, and business planning.

Frequently Asked Questions

What is a marital agreement under Virginia law?

A marital agreement in Virginia is a written contract between spouses or prospective spouses that addresses property division, spousal support, and other financial matters in the event of separation, divorce, or death. The Virginia Premarital Agreement Act (Va. Code § 20‑147 et seq.) governs prenuptial and postnuptial agreements, while marital settlement agreements are covered under Va. Code § 20‑109. These agreements allow couples to opt out of the default equitable distribution rules and create their own framework for dividing assets and debts.

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

A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the wedding. Both are governed by the same Virginia Premarital Agreement Act and must be entered into voluntarily with fair and reasonable disclosure of each party’s financial circumstances. Postnuptial agreements are often used when a couple’s financial situation changes significantly during the marriage — for example, after one spouse receives an inheritance or starts a business — and they wish to clarify property rights without seeking a divorce.

How does Virginia law handle property division in a marital agreement?

Under a valid marital agreement, the couple may define what is considered separate and marital property, bypassing the statutory equitable distribution factors in Va. Code § 20‑107.3. This allows them to agree in advance how assets like real estate, retirement accounts, and business interests will be allocated if the marriage ends. To be enforceable, the agreement must be in writing, signed by both parties, and free from fraud, duress, or unconscionability. Courts in Arlington County will uphold the parties’ contract so long as those requirements are met.

Can a marital agreement be modified or revoked after it is signed?

A marital agreement can be modified or revoked only by a subsequent written agreement signed by both parties. Under Va. Code § 20‑153, the same formalities that apply to the original agreement — voluntariness, disclosure, and execution — also apply to any amendment. Oral modifications are not recognized. If both spouses agree to change the terms, they should work with each other’s counsel to draft and execute a proper amendment.

Do I need a lawyer to draft a marital agreement in Arlington County?

While Virginia law does not require you to have a lawyer to create a marital agreement, having an attorney significantly increases the likelihood that the agreement will be found valid and enforceable. An attorney helps ensure full financial disclosure, drafts clear and specific language, and advises on the legal consequences of each provision. The other party should also have independent legal review, which is a factor the Arlington County courts consider when assessing whether the agreement was entered into voluntarily. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Official Virginia sources:
Virginia Code Title 20 – Domestic Relations |
Arlington County Circuit Court |
Virginia Judicial System

Reviewed by Mr. Sris, Owner and Founder

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

Practicing since 1997

Last reviewed: June 2026

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.