Download Virginia Postnuptial Agreement Form [PDF]

The Virginia postnuptial agreement is a legal document that parties that are already in a marriage use to determine their financial and nonfinancial relationship during the marriage. Besides that, the parties can also use this document to determine how marital property will be divided between them in the event of a marriage dissolution or divorce.

The moment the parties create the agreement is the main difference between a postnuptial and prenuptial agreement. With the prenup agreement, the parties sign the document before they get married, while with the postnup agreement, they sign the document during the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Virginia

The laws and legal requirements for a postnuptial agreement in Virginia are all outlined in Virginia state law and court decisions. Virginia is one of the few states that has the same rules for regulating the legality of prenuptial and postnuptial agreements.

In Section 20-155 of the Code of Virginia, the lawmaker provided that:

“Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.”

Signing Requirements for a Postnuptial Agreement in Virginia

As provided by Section 20-149, the Virginia postnuptial agreement should be made in written form. Additionally, the state laws stipulate that both parties to the agreement must sign the document.

The parties are, however, not required to notarize their agreement. Regardless, parties should always consider completing this step since it will provide additional confirmation of the document’s authenticity and prevent potential fraudulent activities in this regard.

Postnuptial Agreement Enforcement in Virginia

There are a few requirements that every Virginia postnuptial agreement should meet in order to be considered enforceable.

First of all, the postnuptial agreement must include full and truthful disclosure of each party’s financial status. Here, each party should provide a list of all the assets and liabilities they have acquired before entering the agreement.

Second, the provisions of the agreement should be fair for both parties, and they should not be unconscionable.

Finally, each party should sign the agreement voluntarily, and they should be able to consult their legal advisor before signing the agreement.

What Can a Postnuptial Agreement in Virginia Cover?

A postnuptial agreement form in Virginia can cover different matters connected with the financial and nonfinancial relationships of the parties. However, when drafting the postnuptial agreement template, one should always make sure the provisions of the agreement are in line with state law and public policy.

Here, you can see the matters that are most commonly regulated by the Alabama postnuptial agreement:

Postnuptial Agreement in Virginia: Validity Criteria

To be considered valid, the Virginia postnuptial agreement must be in written form. Moreover, both parties to the agreement must sign the agreement. This can be done in person or via party-appointed representatives.

In addition, the validity of the postnuptial agreement in Virginia also depends on the existence of the marriage. The parties can enter into a valid postnuptial agreement only after they get married.

The parties can make multiple postnuptial agreements that can regulate different matters, and they will all be valid. If the parties want to change some of the provisions of the postnuptial agreement, they can make a new agreement that will replace the old one.