Premarital Agreements in Virginia
A premarital (or prenuptial) agreement is one of the most effective ways to establish financial clarity before marriage. While often misunderstood, these agreements are not about anticipating divorce — they’re about planning responsibly, setting expectations, and protecting both partners.
What a Premarital Agreement Does
Under Virginia Code § 20-147 through § 20-155, a premarital agreement is a written contract entered into before marriage that becomes effective once the couple marries. It can address:
- Rights and responsibilities related to property owned before or acquired during marriage.
- Management and control of business or investment assets.
- Division of property or spousal support in the event of separation, divorce, or death.
- Rights to retirement accounts, insurance benefits, and inheritances.
- Protection of family or separate property for children from prior relationships.
Premarital agreements are particularly valuable for couples entering a second marriage, owning substantial assets, or starting businesses together.
Why Premarital Agreements Are Important
Marriage creates automatic financial rights under Virginia law. Without a premarital agreement, property and income accumulated during marriage may be considered marital property — subject to equitable distribution if the marriage ends.
A well-drafted agreement can:
- Protect family-owned businesses or inherited assets.
- Prevent disputes about property ownership.
- Outline fair expectations regarding finances and support.
- Reduce emotional and financial conflict in the future.
Far from being unromantic, these agreements provide transparency and stability for both partners.
Legal Requirements in Virginia
To be valid, a premarital agreement must:
- Be in writing and signed by both parties before marriage.
- Be entered into voluntarily, without fraud, duress, or coercion.
- Include full financial disclosure by both parties.
- Be enforceable under Virginia law when executed and at the time enforcement is sought.
Each party should have independent legal counsel to ensure the agreement is fair and clearly understood.
Virginia Family Law Insights
+20%
of marriages involving individuals over 40 include a prenuptial agreement.
>90%
of Agreements drafted with independent counsel are upheld when challenged in court.
Premarital agreements are recognized and enforced statewide under the Virginia Premarital Agreement Act.
Sources: Virginia Code § 20-147 et seq.; Virginia State Bar Family Law Section; American Academy of Matrimonial Lawyers Survey (AAML).
