{"id":376989,"date":"2018-11-07T10:04:21","date_gmt":"2018-11-07T15:04:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-prenuptial-agreements.html"},"modified":"2018-11-07T16:38:50","modified_gmt":"2018-11-07T21:38:50","slug":"virginia-prenuptial-agreements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-prenuptial-agreements.html","title":{"rendered":"Virginia Prenuptial Agreements"},"content":{"rendered":"\n
\n \n
\n

Virginia Prenuptial Agreements<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Once a couple decides to marry, there are many things to think about. One option to consider is whether to enter into a prenuptial agreement<\/a>. The agreement is a way to determine certain rights and responsibilities, especially in case the marriage ends in divorce. A couple should analyze their specific situation to determine whether a prenuptial agreement is the right decision<\/a> for them.<\/p>\r\n

Formalities of the Agreement<\/h2>\r\n

Virginia law requires premarital agreements to be is in writing and signed by both parties. The agreement is enforceable without consideration<\/a> and becomes effective upon the marriage.<\/p>\r\n

Overview of Virginia Marriage Laws<\/h2>\r\n

The statutes that govern Virginia’s prenuptial agreements are easy to understand compared to more complex statutes. However, it doesn’t hurt to break down the law even further with a concise version of the content. The chart below provides a summary of Virginia’s prenuptial agreement laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 20:<\/p>\r\n

Content of agreement<\/b><\/p>\r\n

 <\/p>\r\n

 <\/p>\r\n<\/td>\r\n

The content of a prenuptial agreement can cover a lot of areas. State law determines what can and can’t be included<\/a> in any prenup.<\/p>\r\n

In Virginia, a prenuptial agreement may include the following:<\/p>\r\n

Amendment or Revocation<\/b><\/p>\r\n<\/td>\r\n

After the marriage, the premarital agreement may be amended or revoked only by a written agreement signed by both parties; the amended agreement is enforceable without consideration.<\/p>\r\n<\/td>\r\n<\/tr>

Enforcement<\/b><\/p>\r\n<\/td>\r\n

If the validity of the agreement is in dispute, the person who wants to invalidate the agreement, can prove that they didn’t voluntarily execute the agreement; or that the agreement was unconscionable<\/a> when it was executed and<\/b> that before execution of the agreement, the person:<\/p>\r\n