Free Virginia Prenuptial Agreement Template

A Virginia prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage and effective upon marriage. Virginia’s Premarital Agreement Act, Va. Code §§ 20-147 through 20-155, governs agreements signed on or after July 1, 1986.

Virginia’s act is based on the uniform model, with several changes.

Written and Signed

Under § 20-149, the agreement must be in writing and signed by both parties. It takes effect upon marriage and is enforceable without consideration.

Spousal Support Is on the List

Section 20-150 lets partners address property rights and management, division at separation, divorce, or death, and spousal support. It also covers wills or trusts, life insurance, and choice of law.

Older Agreements

For agreements signed before the act, § 20-154 treats written agreements between prospective spouses as valid if they’re otherwise valid contracts.

Postnups Follow the Same Rules

Under § 20-155, married couples may make agreements on the same terms. Those agreements take effect immediately when signed.

Time Limits Pause During Marriage

Section 20-152 tolls any statute of limitations on claims under a premarital agreement while the marriage lasts. Still, either party may raise equitable defenses such as laches and estoppel. After the wedding, § 20-153 allows changes only through a written agreement both spouses sign.

Under § 20-151(A), a partner can defeat the agreement by proving involuntary signing. Alternatively, they can prove it was unconscionable when signed and that, before signing, both of these applied:

• Lack of fair and reasonable disclosure of the other’s property or financial obligations
• No express written waiver of further disclosure

That list is shorter than the uniform act’s. Virginia’s version doesn’t include the “adequate knowledge” element found in many other states.

Section 20-151(B) adds two rules. First, unconscionability is a legal question for the judge. Second, recitations in the agreement create a prima facie presumption that they’re factually correct.

So statements in a Virginia prenuptial agreement, such as a recital that disclosure was exchanged, carry real weight. Make sure each one is true.

1. Prepare written disclosure. List property and financial obligations.
2. Draft accurate recitals. Describe the disclosure and advice each partner received.
3. Document any waiver. Put a waiver of further disclosure in writing.
4. Avoid pressure. Voluntary signing is a separate test.
5. Complete signatures ahead of the ceremony. The agreement takes effect when you marry.

A Virginia prenuptial agreement commonly covers:

• Rights in each partner’s property
• Division of property at separation, divorce, or death
• Spousal support terms
• Wills, trusts, and death benefit terms
• Recitals confirming disclosure
• The parties’ signatures