Creating a Legally Enforceable Prenuptial or Postnuptial Agreement in Virginia

For many Virginia couples, signing a prenuptial or postnuptial agreement provides peace of mind. These are legal contracts that clarify financial expectations and protect your rights to property and assets, both during the marriage and in the event of divorce.

Having this type of document in place is only half the battle. If a dispute arises, its enforceability depends on whether it meets Virginia’s legal standards. Our experienced Virginia family law attorney explains what prenuptial and postnuptial agreements address and the factors that could make yours unenforceable.

Creating A Prenuptial or Postnuptial Agreement in Virginia

Under Section 20-151 of the Virginia Code, prenuptial agreements are entered into before marriage and dictate each spouse’s rights and responsibilities in case of divorce or death. A postnuptial agreement is similar, but signed after the marriage has already taken place.

These documents aren’t just about protecting each person’s individual rights. They require full financial disclosure, providing clarity in relationships, and can actually help strengthen the marriage by encouraging open and honest communication about lifestyle goals and money matters.

Among the issues Virginia prenuptial and postnuptial agreements can legally address include:

• Management of marital and separate assets during the marriage.
• Ownership of retirement accounts or investments.
• Estate rights upon death.
• Division of property or business interests in the event of a divorce.
• Rights to spousal support or alimony.

Couples often use prenuptial agreements to clarify premarital debts and determine rights to specific property and assets, such as inheritances or family businesses. Postnuptial agreements are an option if you previously filed to put one in place, and are helpful for couples experiencing marital problems but who are attempting to reconcile.

When Virginia Courts May Refuse to Enforce an Agreement

Even when both parties sign willingly, a prenuptial or postnuptial agreement is not automatically binding. The Virginia Family Court will closely review the agreement’s fairness and the circumstances under which it was created. Under Virginia law, a pre- or postnup can be declared unenforceable if:

• One spouse signed under duress, coercion, or fraud.
• One of them failed to fully disclose assets or debts before signing.
• The agreement is unconscionable, or extremely unfair to one side.
• It includes provisions for child custody or support, which state law prohibits.

When disputes concerning a prenuptial or postnuptial agreement in Virginia arise, the burden of proof typically falls on the party challenging it. The court considers factors such as financial disclosure, timing, and whether both parties had their own attorneys before signing.

Schedule a Consultation With Our Virginia Family Law Attorney

Whether you’re considering a marital agreement or concerned about enforcing one during divorce proceedings, get the trusted, professional legal representation you need at Schwartz Kalina, PLLC.

We help clients create legally sound prenuptial and postnuptial agreements and intervene when challenges arise, reviewing the terms, evaluating your options, and protecting your rights. Call or contact us online today to schedule a confidential consultation with our Virginia family law attorney.

Sources:

law.lis.virginia.gov/vacode/title20/chapter8/section20-151/

loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou