Asked in Contracts, Family Law and Tax Law for Virginia

Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations and agreements, and property settlement agreements. These agreements may be comprehensive or address only a single issue, as you desire, although you might consider using this opportunity to enter into a comprehensive marital agreement. To be enforceable, marital agreements must comply with Virginia Code Section 20-151. You should consult with an experienced Virginia family law lawyer for the drafting of such an agreement.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Hire a Virginia lawyer to review all the circumstances involved. There are some situations in which disclaimers of the kind you speak cannot be done or are not enforceable.

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