Virginia Prenup Laws: Guide for Engaged Couples

Getting married in Virginia? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.

Key points

  • Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
  • Unenforceable if involuntary, unconscionable when signed, or lacking adequate disclosure without waiver.
  • Virginia follows the UPAA. Prenups must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is necessary.

Are prenups legal in Virginia?

Virginia follows the UPAA. Prenups must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is necessary.

What makes a Virginia prenup enforceable?

Unenforceable if involuntary, unconscionable when signed, or lacking adequate disclosure without waiver.

What you can—and can’t—include

May waive property, alimony, and inheritance; cannot bind child support or custody.

Simple process

Sign early, disclose assets, and consider notarization and counsel.

Next steps

Start your Virginia prenup

General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.

Browse other states in our State Guides hub.

Common Questions:

Are prenups legal in Virginia?

Yes. Written, signed prenups are recognized in Virginia when basic requirements are met.

Do we have to notarize the prenup?

Not always mandated by statute, but notarization is strongly recommended to prove execution and avoid authenticity disputes.

What financial disclosure should we exchange?

Share a clear picture of assets, debts, and income (or sign a clear written waiver after adequate knowledge). Better disclosure makes stronger agreements.

Can we waive or limit spousal support?

Often yes, within public‑policy limits. Extreme outcomes may be reviewed. Independent counsel and fair timing improve enforceability.

Can a prenup decide child support or custody?

No. Those issues are decided later by a court based on the child’s best interests and statutory guidelines.

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