Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Virginia — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Virginia under the Virginia Premarital Agreement Act, Va. Code §§ 20-147 through 20-155.
Virginia adopted the Uniform Premarital Agreement Act in 1986 as the Virginia Premarital Agreement Act, codified at Va. Code §§ 20-147 to 20-155. Under § 20-149, the agreement must be in writing and signed by both parties; it is enforceable without consideration and becomes effective upon marriage. Virginia courts treat a properly executed prenup as a binding contract and are notably enforcement-friendly — the burden sits squarely on the spouse trying to escape the agreement, not the one relying on it.
A Virginia prenup is enforceable unless the challenging spouse proves it was signed involuntarily, or that it was unconscionable and signed without fair disclosure or a written waiver of disclosure.
Va. Code § 20-149 requires a written agreement signed by both parties. Oral premarital agreements are not enforceable in Virginia, and no consideration beyond the marriage itself is needed.
Both parties must sign free of fraud, duress, or coercion. Signing weeks before the wedding — not the night before — is the practical safeguard.
Under Va. Code § 20-151, a prenup fails only if it was unconscionable when signed AND the challenger got no fair and reasonable disclosure and never expressly waived disclosure in writing. Virginia is one of the states that allows a written disclosure waiver.
Virginia does not require either party to have a lawyer, but independent review for each side makes a challenge dramatically harder to win.
| Governing statute | Virginia Premarital Agreement Act — Va. Code §§ 20-147 to 20-155 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be set or fully waived (Va. Code § 20-150(4)) |
See how Virginia's signing formalities compare in our prenup notarization requirements by state guide.
Virginia courts rarely overturn a prenup, because Va. Code § 20-151 makes the challenger prove involuntary signing, or unconscionability combined with a complete failure of disclosure.
Virginia's enforcement standard is one of the most agreement-friendly in the country. Unconscionable terms alone are not enough to void a prenup — the challenging spouse must also show they received no fair and reasonable disclosure, never waived disclosure in writing, and had no adequate knowledge of the other's finances. In practice, a Virginia prenup signed early, with honest disclosure attached, is close to bulletproof.
Trusted Prenup creates a state-specific Virginia prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Virginia attorney-drafted prenup commonly runs $2,000–$7,500 or more, especially in Northern Virginia. Trusted Prenup creates a state-specific Virginia prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No. Va. Code § 20-149 only requires a written agreement signed by both parties. Notarization is still recommended — it proves who signed and when if the agreement is ever challenged.
Yes, but the bar is high. Under Va. Code § 20-151 the challenger must prove the agreement was signed involuntarily, or that it was unconscionable and made without fair financial disclosure or a written waiver of disclosure.
Yes. Va. Code § 20-150(4) expressly allows couples to modify or eliminate spousal support, and complete waivers are common in Virginia prenups.
Yes. Virginia adopted the UPAA in 1986 as the Virginia Premarital Agreement Act, Va. Code §§ 20-147 to 20-155, so its rules match the majority of UPAA states.
No — Virginia doesn't require either party to have counsel. Independent review still strengthens enforceability, which is why Trusted Prenup offers an optional attorney-review add-on for Virginia couples.
Yes — Virginia enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Virginia's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Virginia law and not a substitute for advice from a licensed attorney about your situation.