Code of Virginia 20-147: The Premarital Agreement Act
Prenup law here is statutory, and the Virginia Premarital Agreement Act governs agreements executed on or after July 1, 1986. The Act appears in Code of Virginia Title 20, Chapter 8, sections 20-147 to 20-155, and it treats income and earnings as property.
A prenup here is in writing, signed by both parties, enforceable without consideration, and effective upon marriage. The table below summarizes the main rules before turning to property division, support, disclosure, and court challenges.
What Makes a Prenup Invalid in Virginia?
A Virginia prenup gets thrown out when the person resisting enforcement proves one of the statutory grounds in Code 20-151. The burden is on the person against whom enforcement is sought.
Ground one is involuntary execution. That inquiry is fact-specific and can focus on the signing setting, pressure, and whether the agreement was actually chosen by the person who signed it.
The second ground stacks two requirements. The agreement must have been unconscionable when executed, and before execution the person must not have received fair and reasonable disclosure of the other party’s property or financial obligations and must not have voluntarily and expressly waived, in writing, any right to further disclosure.
This test has only two disclosure conditions. There is no separate adequate-knowledge prong like the model act uses.
Unconscionability is decided by the court as a matter of law. Courts use the Galloway test, which looks for a gross disparity in value exchanged plus oppressive influences or other circumstances, and Chaplain quoted the historic definition of a bargain no sensible person would make and no honest and fair person would accept.
Recitations in the agreement create a prima facie presumption that they are factually correct, including a recital that each party received disclosure. For timing defenses, statutes of limitation are tolled during marriage, while laches and estoppel remain available.
Our appellate prenup study reviewed 92 U.S. appellate validity disputes from 2021 to 2025, with 43 enforced in full and 18 invalidated in full. The Court of Appeals of Virginia decided one of them, Dinarany v. Stark, but it did not reach the prenup’s validity.
- A Virginia lawyer for each partner
- $799 apiece, added to the $599 base agreement
- A filed support contract binds the divorce court under Code 20-109(C)
Chaplain, Dowling and Other Virginia Rulings
Prenup cases here tend to turn on disclosure, governing law, estate language, and unconscionability. The case cards below show how the Court of Appeals of Virginia and the Supreme Court of Virginia have treated those issues.
Chaplain focused on no disclosure and no written waiver before signing. Black enforced an agreement under the law of the place where it was signed, Dowling read broad property-rights language to waive estate claims, and Sims voided a spousal agreement because disparity and need made it unconscionable.
Signing Rules and the Recital Presumption
A Virginia prenup is valid in form when it is written, signed by both parties, and becomes effective upon marriage. Code 20-149 also says it is enforceable without consideration.
Section 20-149 Formalities
The Act requires a premarital agreement to be in writing and signed by both parties. It does not require a notary or witnesses, although couples may still use a notary as proof of who signed.
Written agreements made before the Act can still be valid if they are otherwise valid as contracts. For agreements covered by the Act, marriage is the event that makes the prenup effective.
Can You Write Your Own Prenup in Virginia?
The Act does not make separate lawyers a formal requirement for a prenup. The challenge rules still put pressure on disclosure, voluntariness, and written waivers, so legal review can affect how a later court views the signing record.
Attorney involvement can also matter when a contract addresses support, estate rights, or property held in different states. The statute allows choice of law, but the validity fight may still turn on the law that applies to the agreement.
Timing, the License and Voluntariness
The Act does not state a minimum number of days between signing and the wedding. The agreement is effective upon marriage, and a marriage license here is valid for 60 days from issuance with no statutory waiting period.
Timing can still matter to a voluntariness challenge. A court looking at voluntariness can consider the circumstances around execution, even though the Act does not create a fixed signing deadline.
Spousal Support, Adultery and Section 20-109(C)
A Virginia prenup can address spousal support because Code 20-150 includes spousal support among allowed subjects. The Act does not include a hardship or public-assistance exception for support waivers.
The default support statute has special rules for adultery. Code 20-107.1(B) says no permanent spousal support may be awarded to a spouse against whom there is a divorce ground for adultery, unless the court finds by clear and convincing evidence that denying support would be a manifest injustice based on relative fault and economic circumstances.
When deciding support, the court considers the circumstances that contributed to the dissolution, specifically including adultery. It also considers needs and resources, standard of living, and the duration of the marriage.
Code 20-109(C) gives signed support contracts strong effect once filed before the final decree. In divorce and separate maintenance suits, the court may not order spousal support, suit money, or counsel fees except in accordance with that contract.
State law also states that no support is payable by the estate of a deceased spouse. That default can matter when a prenup also coordinates property rights, estate claims, and insurance benefits.
What Cannot Be in a Virginia Prenup?
A Virginia prenup cannot include terms that violate public policy or a criminal statute, and after the wedding it cannot be changed by an oral promise. If the marriage turns out to be void, the agreement holds only as far as needed to avoid an inequitable result.
A Virginia prenup can cover property, support, estate planning, insurance benefits, choice of law, and personal obligations within the limits stated in the Act. Code 20-150 allows terms about property of either or both parties whenever and wherever acquired.
The statute allows terms about buying, selling, using, transferring, managing, and controlling property. It also allows terms for disposition of property at separation, dissolution, death, or another event.
The list includes spousal support, but it uses that phrase without the model act’s wording about modification or elimination. Code 20-109(C) gives filed support contracts strong effect in divorce and separate maintenance suits when signed by the party who might otherwise receive support.
The Act also allows wills and trusts to carry out the agreement, life insurance death benefits, and choice of law. It allows other matters, including personal rights and obligations, if they do not violate public policy or a criminal statute.
Infidelity clauses should be read against the state’s divorce statutes. Property division and support law both treat adultery as relevant in specific ways, but those default rules do not decide whether a particular private clause is enforceable.
Allowed Under Code 20-150
- Rights in property owned by either or both spouses
- Rules for property acquired before or during marriage
- Management and control of property
- Disposition of property at separation, divorce, death, or another event
- Spousal support terms
- Wills, trusts, and life insurance death benefits
- Choice of law and lawful personal obligations
Outside the Act’s Reach
- Terms that violate public policy
- Terms that violate a criminal statute
- An oral post-wedding amendment or revocation
- A premarital agreement in a void marriage except as needed to avoid an inequitable result
What Assets Cannot Be Touched in Divorce in Virginia?
Separate property stays with its owner: assets owned before the marriage, and gifts or inheritances from someone other than the spouse, as long as they are kept separate. Virginia divides the rest by equitable distribution, with no 50/50 rule.
Virginia is an equitable distribution state, so divorce property division is based on statutory factors and is not a 50/50 rule. Code 20-107.3 directs the court to classify property first, then divide marital property and debts after considering the listed circumstances.
Separate property includes property acquired before marriage. It also includes property received during marriage by bequest, devise, descent, survivorship, or gift from someone other than the spouse.
Property acquired in exchange for separate property can remain separate if it is kept separate. Income from separate property is separate if it is not attributable to either party’s personal effort, and increases in value stay separate unless marital property or personal effort contributed to the increase.
Marital property includes property titled in both names. It also includes all other property acquired during the marriage that is not separate, with a presumption of marital property unless satisfactory evidence shows otherwise.
When dividing marital property and debts, courts consider monetary and nonmonetary contributions to the family, the duration of the marriage, the spouses’ ages and health, and the circumstances that contributed to the dissolution. The statute specifically includes grounds for divorce such as adultery among those circumstances.
A prenup can change the default treatment of property by defining rights in property whenever and wherever acquired. Without one, premarital assets, gifts, and inheritances depend on tracing, title, and whether marital property or personal efforts changed their value.
Virginia Incomes, Home Values and Prenups
Virginia couples earn more than most. The Census Bureau puts median married-couple family income at $135,478, ninth highest among the states.
That is above North Carolina and West Virginia and below Maryland, which matters for couples with jobs, homes or family money on both sides of a state line.
The median home value here is $403,500, above the U.S. figure. Home equity matters because state law separates premarital property from marital property, but later contributions or personal effort can affect how an increase in value is treated.
Median age at first marriage in the state is almost the same as the U.S. median for men and women. About 23% of people here who have ever married have married more than once, close to the national 23.5%, so obligations from earlier relationships often come up too.
How Much Does a Prenup Cost in Virginia?
Virginia prenup cost depends on lawyer time, review depth, and whether the couple uses an online platform. Clio Legal Trends reports family law here at an average of $323 per hour, while lawyers overall in the state average $351 and typically range from $203 to $464.
As an illustration, 8 hours at the family law average is $2,584 per lawyer. That is only an example of attorney time, since actual drafting, negotiation, disclosure review, and revisions can differ by matter.
HelloPrenup lists pricing here at $599 per couple, with an attorney for each partner at $799 per partner and an Attorney-Signed package at $2,197. The platform also lists e-notarization at $50, although notarization is not required by the Act, and attorney Q&A at $49.
Couples comparing online and attorney-led options can read our HelloPrenup review. The cost table below puts those figures next to the lawyer-rate illustration.
| Route | Cost | What you get |
|---|---|---|
| Online prenup | $599 per couple | Written for the Virginia Act, including disclosure schedules and a free consultation |
| Online prenup, attorney for each partner | $2,197 per couple | A Virginia lawyer reviews and signs for each of you |
| Single attorney add-on | $799 per partner | Review for one partner, for example the one waiving support |
| Hourly family lawyer | $323 per hour | Average Virginia family law rate. Sixteen lawyer hours, eight per side, would be $5,168 as an illustration |
Drafting a Virginia Prenup From Start to Signature
Getting a Virginia prenup means creating a signed written agreement with clear property and support terms before marriage. The process below tracks the issues courts examine when enforcement is later disputed.
- Gather Separate PropertyList property acquired before marriage and property received by gift, inheritance, survivorship, or descent. State classification rules make tracing and title important.
- List Income and DebtsInclude income, earnings, financial obligations, and debt. The disclosure challenge focuses on property and financial obligations before execution.
- Decide Covered TermsChoose whether the agreement will address property control, divorce division, death, support, insurance, wills, trusts, or choice of law. The Act allows personal obligations if they do not violate public policy or a criminal statute.
- Draft Written AgreementPut the terms in a written agreement. Code 20-149 requires both parties to sign, and the agreement becomes effective upon marriage.
- Review Disclosure LanguageUse financial schedules or a written waiver if the parties choose to waive further disclosure. Recitals in the agreement create a prima facie presumption that they are factually correct.
- Sign Before MarriageThe state has no statutory waiting period for the marriage license and the license is valid for 60 days. The prenup takes effect only when the marriage occurs.
Amending It Later Under Sections 20-153 and 20-155
A Virginia prenup can be changed or revoked after marriage only by a written agreement signed by the parties. Code 20-153 says the amendment or revocation is enforceable without consideration.
The state also allows married persons to make agreements to the same extent and under the same conditions as premarital agreements, effective immediately on execution. For more background on the distinction, see our guide to prenups and postnups.
Terms in a court order endorsed by counsel or the parties, or recorded by a court reporter and affirmed on the record, can count as executed without a separate writing. A reconciliation after a separation or property settlement agreement abrogates it unless the agreement says otherwise, and Flanary v. Milton rejected an oral spousal property agreement because it was not written and signed.
Virginia Prenup Q&A
Virginians ask whether a prenup can be secret, whether it needs a notary and how far recitals go. Each answer cites the Code section behind it.
Can you get a prenup without your partner knowing in Virginia?
No. Code 20-149 requires both parties to sign a written agreement, so a prenup cannot exist without the other partner’s knowledge and signature. An agreement signed without understanding it also invites a voluntariness challenge.
Is a notary needed for a Virginia prenup?
No. The Act asks for a writing signed by both partners, and it is enforceable without consideration. A notary is optional proof of who signed.
Can a prenup waive alimony in Virginia?
Yes. Spousal support is one of the subjects Code 20-150 lets couples settle, and Code 20-109(C) bars a court from ordering support except in line with a signed contract filed before the final decree.
Do recitals in a Virginia prenup count as proof?
At first, yes. Under Code 20-151(B), recitations in the agreement are presumed factually correct, so a recital that each partner received financial disclosure puts the burden on the spouse who says it never happened.
Does a prenup protect you 100% in Virginia?
No. A spouse can still void it by proving involuntary signing, or unconscionability plus missing disclosure without a written waiver. In Chaplain, a husband worth about $20 million who disclosed nothing had to defend the agreement at a new hearing.
Maryland, North Carolina and West Virginia Rules
Maryland and West Virginia never adopted the uniform act, and North Carolina did. Compare their signing and disclosure rules if either of you lives across the line.
Sources
The Code of Virginia and decisions of the Supreme Court and Court of Appeals of Virginia supply the rules here. Census and Clio supply the figures.
- Code of Virginia 20-147 to 20-155, Premarital Agreement Act (Virginia Law)
- Code of Virginia 20-107.3, property and debts (Virginia Law)
- Code of Virginia 20-107.1, spousal support (Virginia Law)
- Code of Virginia 20-109, effect of support contracts (Virginia Law)
- Chaplain v. Chaplain, Court of Appeals of Virginia (CourtListener)
- Black v. Powers, Court of Appeals of Virginia (CourtListener)
- Dowling v. Rowan, Supreme Court of Virginia (CourtListener)
- Sims v. Sims, Court of Appeals of Virginia (CourtListener)
- Flanary v. Milton, Supreme Court of Virginia (CourtListener)
- U.S. Census Bureau, American Community Survey 1-year estimates
- Clio Legal Trends, lawyer hourly rates in Virginia
- Marriage Science, Do Prenups Hold Up in Court? Appellate study
Not legal advice. This article is general information only. Prenup laws differ by state and change over time. Consult a licensed attorney in your state before acting on anything here.
