A prenuptial agreement might not be the most romantic part of wedding planning, but for many couples in Virginia, it’s a practical and essential step. Whether you’re entering a marriage with personal assets, children from a previous relationship, or a growing business, a well-drafted premarital agreement can provide clarity and peace of mind for both parties.
This guide explains what a prenuptial agreement is, how it works under Virginia law, including the Virginia Premarital Agreement Act, what it can and cannot include, and why having legal guidance matters.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a written agreement between prospective spouses that is signed before marriage. It outlines how finances, property or financial obligations, and spousal support will be handled in the event of marital dissolution or death. In Virginia, these agreements are governed by the Virginia Premarital Agreement Act.
The prenup becomes legally binding once the couple marries. When a premarital agreement is executed properly, it can override default laws concerning marital property, personal property, and support obligations, so long as it meets enforceability standards.
Legal Requirements for a Valid Prenup in Virginia
To be considered a valid prenuptial agreement, Virginia law requires the following:
- Written Agreement Signed: It must be a written agreement signed by both parties.
- Voluntarily Signed: One or both parties must sign voluntarily, with mutual consent and without coercion.
- Fair and Reasonable Disclosure: There must be reasonable disclosure of real or personal property, debts, and income, unless disclosure is expressly waived in writing.
- Lawful Terms: The agreement must not violate public policy or criminal law.
- Effective Upon Marriage: The written agreements entered become binding upon marriage.
Pro Tip: Hiring independent counsel for each party not only strengthens enforceability but also ensures that support obligations and asset protections are fairly negotiated.
What a Virginia Prenuptial Agreement Can Do
A prenup in Virginia can be tailored to address many scenarios. Examples include:
| Clause Type | Purpose |
| Separate Property | Define which assets prior to marriage will remain separate |
| Marital Agreements | Plan for division of marital assets and debts |
| Spousal Support | Set or expressly waive future support obligations |
| Estate Planning | Address life insurance policies, death benefits, and heirs |
| Business Protections | Secure control of property in a business or jointly owned property |
| Retirement Benefits | Assign how retirement benefits are split in the event of divorce |
These types of marital agreements are especially useful for individuals with significant assets, a prior marriage, or concerns about acquired wealth during the marriage.
What a Prenuptial Agreement Cannot Do
While Virginia prenups offer broad flexibility, such agreements cannot:
- Decide child custody or future children issues, which fall under domestic relations and must be handled by a Virginia court.
- Contain terms that violate criminal law, public policy, or impose a criminal penalty.
- Be used as a substitute for a court order endorsed during a contested separation.
- Override a court’s equitable powers.
Additionally, prenups cannot assign personal rights such as daily routines or appearance, and cannot limit governing law jurisdiction in certain disputes.
Additional Considerations: Prior Agreements, Amendments, and Post-Marriage Planning
- Prior Agreements: If a prenup replaces or incorporates earlier deals, they should be clearly referenced.
- Amended Agreements: Prenups can be modified after marriage, becoming a postnuptial agreement with the same enforceability if properly drafted.
- Separation Agreement vs Prenup: A prenup deals with future outcomes, while a separation agreement is created when spouses decide to part ways.
How to Create a Prenuptial Agreement in Virginia
- Start Early: Begin discussions well in advance of the upcoming marriage. Laying a proper foundation for a pre-nup can prevent allegations of “You don’t love me” or other feelings that may arise when the issue of a pre-nup is proposed.
- Make Full Disclosures: Include all property owned, debts, income, and potential inheritances.
- Consult Family Lawyers: Choose attorneys experienced in domestic relations and Virginia court procedures.
- Negotiate Terms with Mutual Consent: Consider each other’s needs and long-term goals. Making a pre-nup that is “fair” can make it less of an issue. Understanding what is fair in a pre-nup often requires legal guidance from an attorney.
- Draft a Clear Written Agreement: Ensure language is unambiguous and addresses financial obligations.
- Review, Revise, and Sign: Finalize the document far enough ahead of the wedding date to avoid claims of duress.
When Prenups Are Contested in Court
Even a well-crafted prenup may be disputed if:
- One party concealed assets or omitted reasonable disclosure
- There was no independent counsel and coercion is alleged
- The outcome heavily favors one party to the same extent it causes financial hardship to the other
Some agreements may be partially enforced, particularly where support obligations are involved, and others may be overturned entirely.
Example: A spouse who expressly waives all alimony and marital rights, but later becomes a deceased spouse’s dependent, may still receive benefits if the court finds the terms unconscionable.
Prenup vs Postnup: Key Differences
| Prenup | Postnup |
| Signed before marriage | Signed after marriage |
| Governed by premarital agreement act | Often arises during or after conflict |
| Prevents future disputes | May reconcile or formalize separation |
Final Thoughts on Planning Ahead
Whether you’re safeguarding premarital assets, defining marital agreements, or outlining support obligations, a Virginia premarital agreement is one of the most effective ways to reduce stress and legal uncertainty.
Because such agreements must be voluntarily signed, legally sound, and backed by fair and reasonable disclosure, working with experienced counsel is critical.
The team at Renfro & Renfro helps couples prepare, review, and enforce premarital agreements with professionalism, discretion, and attention to your future.
Ready to protect your future? Contact Renfro & Renfro today for a confidential consultation.
Frequently Asked Questions
Q: Do I need a lawyer to create a prenup in Virginia? While not legally required, having a lawyer greatly increases the likelihood that your prenup will be enforceable and fair.
Q: Can we modify a prenup after marriage? Yes. You can update your agreement through a postnuptial agreement.
Q: What happens if we never get married after signing a prenup? The prenup never becomes effective unless the marriage occurs.
Q: Can a prenup waive spousal support? Yes, but if the waiver is deemed unconscionable at the time of enforcement, it may be challenged.
Q: Are oral prenups valid? No. Prenuptial agreements must be in writing under Virginia law.
