LEGAL GUIDE
Written by attorney Rixon Charles Rafter III | Sep 26, 2011

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

Rate this guide


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