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Prenuptual Agreements and Postnumptual Agreements in Virginia

A prenuptial agreement, otherwise known as an antenuptial agreement, is a contract entered into prior to marriage or civil union, which commonly features provisions for the division of property and spousal support in the event of divorce or separation. While some oral prenuptial agreements will be acceptable to the Virginia courts, a writing is generally required under Virginia law.

Virginia has adopted the Uniform Prenuptial Agreement Act, which provides broad latitude to the parties in drafting their prenuptial agreements. Common subjects for inclusion in a prenuptial agreement include: the terms for buying or selling joint property; the terms for disposing property upon separation, divorce, or death of one spouse; the spousal support to be awarded upon dissolution of the marriage; the making of wills, trusts, or other arrangements; life insurance ownership and beneficiary rights; choice of law for construction of the agreement; and possibly a forum for resolution of any interpretive disagreements.

It is very important that a prenuptial agreement be both voluntary and conscionable under the laws and public policies of Virginia. Voluntary execution of the agreement means that the parties have knowledge of the contents of the agreement. A prenuptial agreement can be unconscionable if one party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party. An agreement can also be found unconscionable if the circumstances are so one-sided that one party is effectively coerced or duped into the agreement.