Are prenuptial agreements enforceable in Virginia?

Virginia is a UPAA state that strictly enforces premarital agreements meeting the statutory standards.

1. Governing Statute

Virginia Premarital Agreement Act, Va. Code §§ 20-147 through 20-155, adopted 1985.

2. Formality Requirements

The agreement must be in writing and signed by both parties (Va. Code § 20-149). No consideration other than marriage is required (Va. Code § 20-149). The agreement becomes effective upon marriage (Va. Code § 20-150).

3. Voluntariness

Under Va. Code § 20-151(A)(1), the challenger must prove the agreement was not executed voluntarily. Galloway v. Galloway, 47 Va. App. 83 (2005), held that lack of counsel and short review time alone do not establish involuntariness; courts consider the totality.

4. Disclosure

Under Va. Code § 20-151(A)(2), the agreement is unenforceable if unconscionable when executed AND, before execution, the challenger (i) was not provided fair and reasonable disclosure, (ii) did not voluntarily and expressly waive disclosure in writing, AND (iii) did not have or reasonably could not have had adequate knowledge.

5. Unconscionability

Unconscionability is a question of law for the court (Va. Code § 20-151(B)) and is reviewed as of the date of execution. Chaplain v. Chaplain, 54 Va. App. 762 (2009), reaffirmed strict execution-time review.

6. What Cannot Be Waived

Child support cannot be adversely affected (Va. Code § 20-150(8)). Spousal-support waivers are permitted without the public-assistance escape clause that some UPAA states added.

7. Key Virginia Case Law

Galloway v. Galloway (2005); Chaplain v. Chaplain (2009); Pysell v. Keck, 263 Va. 457 (2002) (formality strictness).

This is legal information, not legal advice.