Understanding Prenuptial Agreements in Virginia

This topic is part of Separation and Prenuptial Agreements.

In this article

1. The Formal Requirements
2. What a Virginia Prenup Can Cover
3. When a Prenup Will and Will Not Be Enforced
4. Business Owners, Professionals, and Significant Assets
5. Spousal Support Provisions
6. After the Wedding: Amendments and Postnuptial Agreements
7. Frequently Asked Questions
8. Speak With a Virginia Family Law Attorney

Last reviewed September 2026.

A prenuptial agreement in Virginia is governed by the Premarital Agreement Act, Va. Code §§ 20-147 through 20-155. To be valid, the agreement must be in writing and signed by both parties, and it takes effect on the marriage. It can settle how property is owned, managed, and divided, and it can modify or waive spousal support. It is unenforceable if the challenging spouse proves either of two things. The first is that they did not sign voluntarily. The second is that the agreement was unconscionable when signed, and that they received neither fair and reasonable financial disclosure nor a written waiver of disclosure. For business owners, professionals, and anyone entering a marriage with significant assets or a family estate, a well-drafted agreement replaces uncertainty with terms both parties chose.

The Formal Requirements

Under Va. Code § 20-149, a premarital agreement “shall be in writing and signed by both parties.” It “shall be enforceable without consideration” and “shall become effective upon marriage.” The statute does not require witnesses or notarization, although many agreements are acknowledged before a notary as a matter of practice.

The Act defines “property” broadly under Va. Code § 20-148. It covers any interest, present or future, legal or equitable, vested or contingent, in real or personal property, and it expressly includes income and earnings. An agreement can therefore address future compensation, not only what each party owns on the wedding day.

What a Virginia Prenup Can Cover

Va. Code § 20-150 permits the parties to contract with respect to:

• the rights and obligations of each party in the property of either or both of them;
• the right to buy, sell, use, transfer, encumber, manage, and control property;
• the disposition of property upon separation, divorce, death, or any other event;
• spousal support;
• the making of a will, trust, or other arrangement to carry out the agreement;
• ownership of and rights to the death benefit of a life insurance policy;
• the choice of law governing the agreement; and
• any other matter, including personal rights and obligations, that does not violate public policy or a statute imposing a criminal penalty.

What it cannot decide: custody and child support

The statute’s list does not include child support or custody. Parents cannot contract away a child’s right to support, and the court retains authority over custody, visitation, and child support. The court decides those issues on the children’s best interests and the child support guidelines, whatever the agreement says. A prenup that attempts to fix those terms in advance should not be relied on.

When a Prenup Will and Will Not Be Enforced

Under Va. Code § 20-151(A), a premarital agreement is not enforceable if the person resisting it proves one of two things:

1. that person did not execute the agreement voluntarily; or
2. the agreement was unconscionable when it was executed and, before signing, that person (i) was not given a fair and reasonable disclosure of the other party’s property or financial obligations and (ii) did not voluntarily and expressly waive, in writing, any right to further disclosure.

The second ground has several parts. Unconscionability alone is not enough; it must be paired with a failure of disclosure and the absence of a written waiver. The statute also provides that unconscionability is decided by the court as a matter of law. And the recitations in the agreement create a prima facie presumption that they are factually correct. Recitals about disclosure, counsel, and voluntariness therefore carry real evidentiary weight. They should be accurate, and they should be supported by the record.

Building an agreement that holds

Most challenges to a prenup turn on how it was made, not on what it says. The practices that strengthen enforceability follow from the statute:

• Time. Present the agreement well before the wedding. An agreement delivered days before a ceremony, with guests invited and deposits paid, invites a claim that it was not signed voluntarily.
• Disclosure. Attach schedules of each party’s assets, liabilities, and income, with reasonable detail and supporting values. Disclosure is the most reliable defense to an unconscionability challenge.
• Separate counsel. Each party should have independent counsel who reviews the agreement and advises that party alone. The statute does not require this, but it is strong evidence that the agreement was understood and voluntary.
• Accurate recitals. Because recitals are presumed correct, they should truthfully describe the disclosure exchanged, the advice received, and the time each party had to consider the agreement.

Business Owners, Professionals, and Significant Assets

For business owners and high-earning professionals, the agreement’s most important work is often defining what remains separate. Without an agreement, a Virginia court classifies and divides property under Va. Code § 20-107.3. Under that statute, the increase in value of separate property during the marriage is marital to the extent that marital property, or either party’s significant personal efforts, contributed to substantial appreciation. For an owner who works in the business every day, that standard puts the growth of a “separate” company squarely at issue. A premarital agreement can address these questions directly:

• A closely held business or professional practice. Whether it, and its future appreciation, remains the owner’s separate property. How it will be valued if valuation becomes necessary. Whether the other spouse will receive any compensating payment. See how Virginia courts value closely held businesses in divorce.
• Executive and deferred compensation. The treatment of equity grants, restricted stock, options, and bonuses that are earned over time or vest after the marriage. See how executive compensation is divided in a Virginia divorce.
• Real estate and investment accounts. Whether contributions, refinancing, or joint use during the marriage will change a separate asset’s character.
• Inheritances and family wealth. Protection of anticipated inheritances, family trusts, and interests in family entities.
• Retirement accounts. The treatment of accounts accumulated before and during the marriage.

A related guide covers high-asset divorce in Fairfax and Loudoun.

Spousal Support Provisions

Section 20-150 expressly permits parties to contract with respect to spousal support. An agreement may set support terms, limit support, or waive it. Because a support waiver can have serious consequences years later, it is the provision most likely to be tested under the enforceability standard described above. It is also where full disclosure and independent counsel matter most. For how support is decided when there is no agreement, see the spousal support page.

After the Wedding: Amendments and Postnuptial Agreements

• Amendment or revocation. Under Va. Code § 20-153, a premarital agreement may be amended or revoked after marriage only by a written agreement signed by the parties.
• Postnuptial (marital) agreements. Va. Code § 20-155 permits married persons to enter into agreements “to the same extent, with the same effect, and subject to the same conditions” as premarital agreements. A marital agreement becomes effective immediately upon execution. Couples who did not sign a prenup can still address these issues after the wedding.
• Reconciliation. Under the same section, a reconciliation after signing a separation or property settlement agreement abrogates that agreement unless the agreement expressly provides otherwise.
• Limitations. Under Va. Code § 20-152, any statute of limitations on a claim under a premarital agreement is tolled during the marriage. Equitable defenses such as laches and estoppel remain available.

Frequently Asked Questions

Does a prenup have to be notarized in Virginia?

No. Section 20-149 requires only that the agreement be in writing and signed by both parties. Acknowledgment before a notary is common practice, but the statute does not require it.

Can a prenup waive alimony in Virginia?

Yes. Spousal support is one of the subjects § 20-150 expressly allows parties to address. A waiver remains subject to the enforceability standard in § 20-151. That standard looks at voluntariness, and at unconscionability combined with a lack of disclosure and the absence of a written waiver of disclosure.

Can a prenup decide custody or child support?

No. The court retains authority over custody, visitation, and child support, and decides them based on the children’s interests and the statutory guidelines.

What makes a prenup unenforceable?

Either involuntary execution, or unconscionability at signing combined with inadequate financial disclosure and no written waiver of disclosure. How and when the agreement was presented is usually at the center of the dispute.

We are already married. Is it too late?

No. A postnuptial agreement under § 20-155 is subject to the same rules as a prenup and takes effect when it is signed.

Speak With a Virginia Family Law Attorney

A premarital agreement is only as strong as its drafting, its disclosure, and the process by which it was signed. Whether you are proposing an agreement, have been asked to sign one, or need to understand how an existing agreement will apply in a divorce, contact me to schedule a consultation. For how these agreements come into play when a marriage ends, see the Fairfax County divorce process.

For drafting, negotiating, and enforcing premarital and marital agreements, see separation and prenuptial agreements.

and is not legal advice. Reading it does not create an attorney-client relationship. The application of the law depends on the specific facts of each case.

This article provides general information about Virginia law

This article provides general information about Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. The application of the law depends on the specific facts of each case.