Free Virginia Postnuptial Agreement Template

A Virginia postnuptial agreement is what state law calls a marital agreement. Married persons may enter into agreements settling the rights and obligations of either or both of them, under the same rules that apply to premarital agreements (Va. Code § 20-155). Those rules come from Virginia’s Premarital Agreement Act, so the two kinds of agreements work largely the same way.

Premarital Rules Apply, With One Change

Marital agreements follow the same extent, effect, and conditions as premarital agreements under §§ 20-147 through 20-154. The difference is timing: a marital agreement takes effect immediately on execution (Va. Code § 20-155).

Written, Signed, No Consideration Needed

Under those premarital rules, the agreement must be in writing and signed by both parties, and it’s enforceable without consideration (Va. Code § 20-149). As an alternative, the marital agreement section treats terms contained in an endorsed court order, or recorded by a court reporter and affirmed on the record by the parties, as executed without a separate writing.

What It Can Cover

The premarital rules let parties contract about property rights, the disposition of property on separation, dissolution, or death, and other matters that don’t violate public policy or a criminal statute (Va. Code § 20-150).

When It’s Unenforceable

The agreement isn’t enforceable if the challenging spouse proves they didn’t sign voluntarily. It also fails if they prove it was unconscionable when signed and, before signing, they didn’t get fair and reasonable disclosure and didn’t expressly waive further disclosure in writing (Va. Code § 20-151(A)).

Yes. Under § 20-151(B), recitations in the agreement create a prima facie presumption that they’re factually correct. The same subsection has the court decide unconscionability as a matter of law.

That makes careful recitals useful. For example, a Virginia postnuptial agreement can state that each spouse received financial disclosure, or signed a written waiver of more. Just make sure every recital is accurate, since it’s presumed true.

Take these steps for a Virginia postnuptial agreement:

1. Exchange disclosure, or sign an express written waiver of further disclosure.
2. Draft accurate recitals. State the facts you want presumed correct.
3. Settle the rights you’re addressing, such as property and support.
4. Keep it voluntary for both spouses.
5. Put it in writing, and have both spouses sign. It takes effect immediately.
6. Consider reconciliation terms. If you later reconcile after a separation or property settlement agreement, the statute abrogates that agreement unless it expressly says otherwise.

Draft these sections:

• Recitals — accurate statements about disclosure and voluntariness
• Disclosure schedules or waiver — whichever applies
• Rights and obligations — property, support, and other terms
• Reconciliation clause — if you want terms to survive a reconciliation
• Signing page — each spouse signs and dates