Virginia Prenuptial Agreement Laws: Rules and Enforceability (2026)

Yes. Virginia's Premarital Agreement Act, Va. Code §§ 20-147 to 20-155, governs prenuptial agreements signed on or after July 1, 1986. A prenup must be in writing and signed by both parties (§ 20-149), and a spouse who wants to avoid one must prove involuntary signing or unconscionability combined with a lack of financial disclosure (§ 20-151). A waiver of a surviving spouse's inheritance rights is also governed by Va. Code § 64.2-308.14.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (prenuptial) and marital agreements under the Virginia Premarital Agreement Act, Va. Code §§ 20-147 to 20-155, with § 20-107.3 for the default property rules and § 64.2-308.14 for waivers of a surviving spouse's rights. It does not cover how courts test agreements signed before July 1, 1986, tax consequences, or the law of other states. For how Virginia divides property in a divorce, see Virginia divorce laws.

Are prenuptial agreements enforceable in Virginia?

Yes, if they meet the Act's requirements and the spouse resisting enforcement cannot prove one of the defenses in § 20-151. The Act sits in Chapter 8 of Title 20 and runs from § 20-147 to § 20-155.

Which agreements the Act covers. Section 20-147 provides: "This chapter shall apply to any premarital agreement executed on or after July 1, 1986." For written agreements signed before the Act, § 20-154 provides that they "shall be valid and enforceable if otherwise valid as contracts"; this page does not cover how courts test those agreements.

Formal requirements for a Virginia prenup

Section 20-149 sets out the formalities: "A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage."

That section does not require notarization or witnesses. The Act also does not set a waiting period between signing and the wedding, and it does not require either party to have independent counsel. A lawyer licensed in Virginia can draft or review an agreement for either side if the parties choose.

What a Virginia prenup can cover

Section 20-150 lists the subjects the parties may address. They include:

• Rights in property, and how property is disposed of on separation, dissolution of the marriage or death
• Spousal support
• Wills and trusts
• Death benefits from life insurance
• The choice of law governing the agreement
• "any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty"

When a Virginia prenup is not enforceable

Section 20-151(A) puts the burden on the spouse resisting enforcement. The agreement "is not enforceable if the person against whom enforcement is sought proves that" one of two things is true.

1. Involuntary signing. "That person did not execute the agreement voluntarily" (§ 20-151(A)(1)).

2. Unconscionability plus no disclosure. "The agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided" (§ 20-151(A)(2)).

The second defense is conjunctive. Unconscionability alone is not enough under the statute's text; the spouse must also show both the lack of fair disclosure and the absence of a written waiver.

How courts decide. Under § 20-151(B), the court decides unconscionability as a matter of law, and recitals in the agreement create a prima facie presumption that they are factually correct.

Void marriages. If the marriage turns out to be void, § 20-151(C) makes the agreement enforceable only to the extent necessary to avoid an inequitable result.

How the Court of Appeals has applied the test

In Remillard v. Remillard, Record No. 1063-21-2 (Va. Ct. App. Sept. 6, 2022), an unpublished memorandum opinion, the Court of Appeals of Virginia described unconscionability as a two-step inquiry: a gross disparity in the division of assets plus overreaching or oppressive influences, quoting Chaplain v. Chaplain, 54 Va. App. 762 (2009). The court affirmed a circuit court finding that a premarital agreement was unconscionable and unenforceable, citing the gross disparity and a lack of fair and reasonable disclosure, and said the wife's general awareness of some assets did not equal disclosure. The court counted the presentation of the agreement the afternoon before the wedding, with the wedding made contingent on her signing and no time to consult an attorney, among the overreaching or oppressive influences.

Because Remillard is unpublished, it is offered here only as an illustration of how the statute has been applied, not as controlling law.

Waivers of inheritance rights

A prenup that waives a surviving spouse's elective share, homestead allowance, exempt property or family allowance is also governed by Va. Code § 64.2-308.14, which allows those rights to be waived before or after marriage "by a written contract, agreement, or waiver signed by the surviving spouse." The waiver is not enforceable if the surviving spouse proves it was not executed voluntarily, or that it was unconscionable when executed and, before execution, a fair and reasonable disclosure of the decedent's property or financial obligations was not provided, any right to further disclosure was not voluntarily and expressly waived in writing, and the surviving spouse did not have, or reasonably could not have had, adequate knowledge of the decedent's property or financial obligations. That third element is not in § 20-151.

Under § 64.2-308.14(D), unless the agreement provides otherwise, a waiver of "all rights, or equivalent language," in the property or estate of a present or prospective spouse waives all of those rights and renounces benefits that would otherwise pass to that spouse by intestate succession or under a will executed before the waiver.

Spousal support and child support

Spousal support. Section 20-150 lets the parties contract about spousal support, and the Act does not add a separate rule for spousal-support waivers beyond the § 20-151 defenses. For how support is set when there is no agreement, see Virginia alimony laws.

Child support and custody. The Act does not contain a provision specific to child support or custody. Its general limit is in § 20-150: terms may not be "in violation of public policy or a statute imposing a criminal penalty." This page does not cover how a Virginia court treats child-support terms in a premarital agreement; see Virginia child support laws for how support is calculated.

Amending or revoking a prenup, and time limits

Amendment and revocation. Under § 20-153, "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." The amendment or revocation is enforceable without consideration.

Time limits. Section 20-152 tolls limitation periods while the marriage lasts: "Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."

Postnuptial agreements in Virginia

Section 20-155 lets married persons make agreements settling their rights and obligations "to the same extent, with the same effect, and subject to the same conditions" as premarital agreements under §§ 20-147 to 20-154. The difference is timing: a marital agreement takes effect immediately when signed rather than on marriage.

The section adds two points. Terms recorded in a court order endorsed by counsel or the parties, or transcribed and affirmed on the record, need not be in writing. And if spouses reconcile after signing a separation or property settlement agreement, the agreement is abrogated unless it says otherwise.

Virginia's default property rule

Without an agreement, Virginia uses equitable distribution under § 20-107.3. On dissolution or a divorce from the bond of matrimony, the court classifies property as separate, marital, or part separate and part marital, and divides it. A premarital agreement under § 20-150 can set different rules for the couple's property. See Virginia divorce laws for how equitable distribution works.

Disclaimer: This article provides general legal information about the Virginia Premarital Agreement Act, Va. Code §§ 20-147 to 20-155. It is not legal advice, and it is not a template or drafting guide. The information was last verified on 2026-10-10. For advice about a specific agreement, consult a lawyer licensed in Virginia.

Related

• Prenuptial agreement laws in every state
• Virginia divorce laws
• Virginia alimony laws
• Virginia child support laws

Last updated: 2026-10-10.

Frequently Asked Questions

Does a prenup have to be notarized in Virginia?

Va. Code § 20-149 requires a premarital agreement to be in writing and signed by both parties. That section does not require notarization or witnesses.

What makes a prenup invalid in Virginia?

Under § 20-151(A), the spouse resisting it must prove either that they did not sign voluntarily, or that it was unconscionable when signed and they received no fair and reasonable disclosure and did not waive disclosure in writing.

Do both parties need a lawyer for a prenup in Virginia?

The Virginia Premarital Agreement Act (§§ 20-147 to 20-155) does not require independent counsel. Either party may still choose to have a Virginia lawyer review the agreement.

Can a Virginia prenup waive alimony?

Va. Code § 20-150 allows the parties to contract about spousal support. The agreement remains subject to the voluntariness and unconscionability defenses in § 20-151.

Can you change a prenup after marriage in Virginia?

Yes, but only by a written agreement signed by both spouses (Va. Code § 20-153), which is enforceable without consideration.

Are postnuptial agreements valid in Virginia?

Yes. Va. Code § 20-155 lets married persons make agreements on the same terms as premarital agreements, effective immediately when signed.