Virginia: Prenuptial Agreement Requirements

Requirements one by one

Virginia uses its Premarital Agreement Act

Va. Code Chapter 8 is the Premarital Agreement Act, Virginia's modified UPAA
framework. Section 20-147 applies it to premarital agreements executed on or
after July 1, 1986. Va. Code § 20-148 defines the agreement as one between
prospective spouses made in contemplation of marriage and intended to become
effective upon marriage.

Both parties must sign the writing

Section 20-149 requires a written agreement signed by both parties. It is
enforceable without consideration and becomes effective upon marriage. The
statute therefore does not require a separate exchange of value or make the
signing date the effective date.

No notary or witness is required

The complete § 20-149 form rule states only the writing, both signatures, no
consideration, and effect upon marriage. It does not add a notary,
acknowledgment, witness, attestation, oath, or recording requirement.

Notarization can still help authenticate signatures, and a separate deed used
to carry out a real-property term can have its own formalities. Neither changes
the Act's universal prenup execution rule.

Virginia's disclosure challenge is cumulative

The unconscionability branch in § 20-151(A)(2) requires the challenger to prove
three linked facts: the agreement was unconscionable when executed, the person
did not receive fair and reasonable disclosure of the other party's property or
financial obligations, and the person did not voluntarily and expressly waive
further disclosure in writing.

Unlike the standard UPAA formulation used by many states, Virginia's enacted
text does not list actual or reasonably available adequate knowledge as an
alternative. It also gives factual recitals in the agreement a prima facie
presumption of correctness.

The Act states no counsel or waiting-period rule

Chapter 8 does not require independent counsel, a counsel advisement or waiver,
a final-draft review period, or a minimum number of days before the wedding.
Counsel and timing can still be evidence relevant to voluntary execution, but
they are not separate Virginia statutory elements.

Section 20-151 supplies two nonenforcement routes

The person resisting enforcement must prove either involuntary execution or
the cumulative execution-time unconscionability and disclosure failure. The
court decides unconscionability as a matter of law. The Act does not provide a
general enforcement-time changed-circumstances or hardship review.

If the marriage is void, § 20-151(C) permits enforcement only to the extent
necessary to avoid an inequitable result.

Spousal support may be covered without a public-assistance override

Va. Code § 20-150(4) permits the parties to contract about spousal support. The
Virginia Act does not contain the public-assistance eligibility safety valve
found in some other UPAA enactments. A support term instead remains subject to
the § 20-151 enforceability test and § 20-150(8)'s public-policy and criminal-
statute boundaries.

Child support and custody remain with the court

Kelley holds that parents cannot contract away their children's support rights
or prevent a court from exercising its child-support power. A prenup therefore
cannot conclusively eliminate either parent's support duty.

For custody and visitation, § 20-124.3 directs the court to determine the
child's best interests through the listed factors, including the child's needs,
each parent's role and relationship, cooperation, family or sexual abuse,
violence, and any other necessary factor. The judge must state the basis for the
decision.

Amendment or revocation needs another signed writing

After marriage, § 20-153 permits amendment or revocation only through a written
agreement signed by both parties. The change or revocation is enforceable
without consideration. The section does not add a notary or witness formality.

What trips people up

• Virginia omits the adequate-knowledge alternative. Section 20-151 names
  disclosure and written waiver, not reasonably available knowledge.
• Unconscionability alone is not the complete second route. The challenger
  also must prove both disclosure failures in § 20-151(A)(2).
• There is no public-assistance support safety valve in Chapter 8. Section
  20-150(3) is about disposition of property, not a support override.
• Recitals have statutory evidentiary weight. Section 20-151(B) gives them a
  prima facie presumption of factual correctness.

Common questions

Does Virginia require separate lawyers?

No. Chapter 8 states no independent-counsel requirement. Voluntariness and the
statutory unconscionability/disclosure test still apply to the facts.

Does the limitations clock run during marriage?

No. Section 20-152 tolls an otherwise applicable limitation period during the
marriage. Equitable defenses that limit delayed enforcement, including laches
and estoppel, remain available.

What about agreements signed before July 1, 1986?

Section 20-154 leaves prior written agreements valid and enforceable if they
are otherwise valid contracts. The Act itself applies to agreements executed
on or after July 1, 1986.

Statutes and sources

• Va. Code §§ 20-147 through 20-150 — Act application, definition, signed-
  writing form, no consideration, effective date, and permitted subjects.
  Official Chapter 8
  (accessed 2026-07-27).
• Va. Code §§ 20-151 through 20-154 — enforcement, disclosure waiver,
  unconscionability, recitals, void marriage, limitation tolling, change route,
  and prior agreements. Official §
  20-151,
  § 20-152,
  and § 20-153
  (accessed 2026-07-27).
• Kelley v. Kelley, 248 Va. 295 (1994) — nonwaivable child-support right
  and continuing court authority. Virginia Supreme Court
  opinion (accessed
  2026-07-27).
• Va. Code § 20-124.3 — custody and visitation best-interest factors and
  findings. Official
  statute
  (accessed 2026-07-27).