Virginia Prenuptial Agreements

Statutes

Virginia Code Title 20:

• Section 20-149 (formalities)
• Section 20-150 (content)
• Section 20-151 (enforcement)
• Section 20-152 (limitations of actions)
• Section 20-153 (amendment or revocation of agreement)

Content of agreement

The content of a prenuptial agreement can cover a lot of areas. State law determines what can and can’t be included in any prenup.

In Virginia, a prenuptial agreement may include the following:

• Rights and obligations related to property;
• The right to sell, buy, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or manage and control property;
• Spousal support;
• The making of a will, trust, or other arrangements to carry out the agreement terms;
• The ownership rights in and distribution of the death benefit from a life insurance policy;
• Choice of law decisions for the agreement; and
• Any other matter (including personal rights and obligations) that doesn’t violate a criminal statute or public policy.

Amendment or Revocation

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.

Enforcement

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 when it was executed and that before execution of the agreement, the person:

• Didn’t receive a fair and reasonable disclosure of the property or financial obligations of the other party; and
• Didn’t voluntarily and expressly waive (in writing) any right to the disclosure of the property or financial obligations of the other party.

Void Marriage

If a marriage is determined to be void, an agreement that would’ve been a valid prenuptial agreement but for the void marriage, is enforceable only to the degree necessary to avoid an inequitable result.