LEGAL GUIDE
Written by attorney Rixon Charles Rafter III

Prenuptial Agreements Not Enforceable in Virginia Under Certain Circumstances

Prenuptial Not Enforceable

The Code of Virginia provides that there are situations whereby a prenuptial agreement is not enforceable. The Codes says that: “A premarital agreement is not enforceable if the person against whom enforcement is sought proves that:

  1. That person did not execute the agreement voluntarily; or

  2. The agreement was unconscionable when it was executed and, before execution of the agreement, that person:

(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and

(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided." 20-151

Free Q&A with lawyers in your area

Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer