Download Virginia Prenuptial Agreement Form [PDF]

Read our comprehensive guide on how to draft the Virginia prenuptial agreement and protect your individual property before marriage.

Last update: 22 Apr 2024

Download Virginia Prenuptial Agreement Form [PDF]

The Virginia prenuptial agreement is a legal document used between the two parties that are about to enter a marriage. They mainly use the prenuptial agreement to outline and separate the individual property they have acquired before entering the marriage and determine their financial relationship during the marriage.

However, parties are also using the prenuptial agreement after marriage, in the case of a divorce, to determine how the property they have accumulated during the marriage will be divided between them.

The parties can also include provisions that will regulate how they will manage the assets and liabilities they will accumulate during the marriage. This provides additional security for both sides and prevents potential disputes and misunderstandings between them.

Laws and Legal Requirements for a Prenuptial Agreement in Virginia

The laws and legal requirements for a prenuptial agreement in Virginia are all outlined in Chapter 8 of the Code of Virginia, also called the Premarital Agreement Act.

Section 20-147 provides that Chapter 8 will apply only to prenuptial agreements executed on or after July 1, 1986.

Section 20-148 refers to the prenuptial agreement as the premarital agreement, and it defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Moreover, it defines property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Signing Requirements for a Prenuptial Agreement in Virginia

Signing requirements for the Virginia prenuptial agreement are outlined in Section 20-149. It stipulates that the prenuptial agreement shall be made in writing. Moreover, both parties to the agreement must sign the document.

Although the state law doesn’t require it, parties should still consider notarizing their prenuptial agreement form. This step will additionally confirm the authenticity of the document and prevent potential misunderstandings and disputes between the parties, as well as any fraudulent activities.

Prenuptial Agreement Enforcement in Virginia

There are certain circumstances where the court can limit the enforceability of the prenuptial agreement. This can happen if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

  • They have signed the prenup agreement against their will

  • The other party hasn’t provided complete and truthful information about their financial status in the agreement.

  • They didn’t or couldn’t possibly know about the financial status of the other party

The state law also provides that if the marriage becomes void, the prenuptial agreement will remain enforceable only to the extent necessary to avoid an inequitable result.

What Can a Prenuptial Agreement in Virginia Cover?

The prenuptial agreement in Virginia can cover all aspects of the financial relationship between the future spouses. However, the provisions of the prenuptial agreement template must be in line with state law and public policy.

The state law has provided the matters that are most commonly regulated by the prenup agreement:

Provisions in a Prenuptial Agreement

  • The rights and obligations of each partner in terms of their individual property

  • Right to sell, buy, lease, mortgage, exchange, transfer, or manage the property obtained during the marriage

  • Rules on how the property will be divided between the partners in case of marriage dissolution, divorce, death, or any similar event

  • Matters connected to spousal support or alimony

  • Matters related to the insurance policy, wills, and trusts

  • The choice of law governing the construction of the agreement

Prenuptial Agreement in Virginia: Validity Criteria

The first validity criterion has a connection to the formality standards established by state law. In practice, this means that the Virginia prenup agreement will not be valid if it’s not made in written form or signed by both parties to the agreement.

In addition, the validity of the prenup agreement also depends on the existence of the marriage. This means that if the parties don’t get married after signing the agreement, it will be considered invalid.

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