When planning for marriage, discussing finances and future asset protection may not be the most romantic topic. However, a prenuptial agreement can be a crucial tool in safeguarding inheritance and family assets. At Cheryl Eddy Benn, P.C., we help Virginia Beach residents navigate the legal aspects of marriage and asset protection.

Why Consider a Prenuptial Agreement?



A prenuptial agreement is a legally binding contract created before marriage that outlines how assets will be managed in the event of divorce or death. It is especially beneficial for individuals with:

• Family-owned businesses – Ensures that ownership and control remain within the family.
• Inherited property or wealth – Protects assets passed down from previous generations.
• Children from prior relationships – Secures financial interests for children from a previous marriage.
• Real estate or investments – Clarifies property ownership and division in case of separation.

How a Prenuptial Agreement Protects Inheritance

Without a prenuptial agreement, inherited assets may become subject to division in a divorce. Virginia follows equitable distribution laws, meaning that property acquired during the marriage is divided fairly but not necessarily equally. If inherited assets are commingled with marital funds—such as using inherited money for a shared home—they could be considered marital property. A prenuptial agreement helps prevent this by clearly distinguishing separate and marital assets.

Legal Considerations in Virginia

Virginia courts uphold prenuptial agreements as long as they meet legal requirements, including:

• Full disclosure of assets and debts.
• No coercion or undue influence.
• Terms that are not unconscionable or against public policy.

By working with an attorney, couples can ensure that their agreement is properly drafted and legally sound.

Planning for the Future with Legal Guidance

At Cheryl Eddy Benn, P.C., we understand that protecting your financial future is a top priority. A well-crafted prenuptial agreement provides clarity, security, and peace of mind. If you are planning to marry and want to safeguard your inheritance or family assets, we can provide legal guidance tailored to your needs.