Prenuptial Agreements in Virginia: A Practical Conversation Before Marriage

Written by: Kate Beurmann-O’Neill

Contrary to some opinions, prenuptial agreements—often called prenups—aren’t about planning to get a divorce before the marriage ceremony has even started. For many Virginia couples, negotiating and signing a prenuptial agreement allows couples to plan for their marriages with clarity, transparency, and mutual understanding.

Whether you’re entering a second marriage, own a business, have children from a prior relationship, or simply want to protect what you’ve worked hard to build before marriage, a Virginia prenuptial agreement is a smart and proactive step.  Here are some frequently asked questions and answers about Prenuptial Agreements:

What Is a Prenuptial Agreement in Virginia?

A prenuptial agreement is a written contract made in contemplation of marriage that becomes effective once the marriage takes place. Prenups are governed by the Virginia Premarital Agreement Act, Virginia Code §§ 20-147 through 20-155.  These contracts allow couples to decide—in advance—how certain financial issues will be handled if the marriage ends due to divorce or death.

What Issues from a Marriage would a Virginia Prenuptial Agreement Cover?

Virginia law gives couples broad flexibility when it comes to prenuptial agreements. A prenup can cover a few items, or it can be a global agreement to determine all of the issues necessary to resolve a marriage, including:

• What property is separate vs. marital
• How assets and debts will be divided
• Business ownership and professional practices
• Rights to inheritances or family assets
• Spousal support (also called alimony)
• Estate planning and life insurance issues

A Prenuptial Agreement would not be the final word on the issues of child custody and child support. Those issues are always determined by a court based on the child’s best interests at the time; however, if the parties agree on those issues, the Court can incorporate that agreement into a court order for purposes of custody and support.

Are Prenuptial Agreements Enforceable in Virginia?

Yes—when they are done correctly.

Under Va. Code § 20-151, a Virginia prenuptial agreement is enforceable unless a party proves that:

1. They did not enter into the agreement voluntarily, or
2. The agreement was unconscionable, and there was inadequate financial disclosure.

Virginia courts do not require the agreement to be “equal” or perfectly balanced. They do, however, require disclosure and fairness in the process

Can the Couple agree to Waive Spousal Support in their prenup?

Yes. Virginia law specifically allows prenuptial agreements to include provisions about spousal support, including waivers or limitations.

Common Mistakes That Create Problems Later

The following scenarios may result in the invalidation of a signed prenuptial agreement:

• Waiting until days (or hours) before the wedding to sign
• Incomplete or inaccurate financial disclosure
• One party not having their own lawyer
• Using online templates that don’t comply with Virginia law
• Including provisions related to children

Working with an experienced Virginia family lawyer helps avoid these pitfalls and protects the agreement long-term.

Why Work With a Virginia Family Law Attorney?

Prenuptial agreements are legal documents that can affect you for decades. A Virginia family law attorney understands:

• How local courts analyze prenups
• How to draft agreements that are enforceable
• How to protect assets without creating unnecessary conflict
• How to balance legal protection with real-world practicality

At a well-established Virginia law firm, our goal is not just to draft a document—but to help clients enter marriage with confidence and clarity.

Talk With a Virginia Prenuptial Agreement Lawyer

If you’re thinking about a prenuptial agreement—or have been asked to sign one—it’s important to get legal advice before the wedding. A properly drafted prenup can protect your future and reduce uncertainty for both parties.

Contact our Virginia family law attorney to schedule a confidential consultation and learn whether a prenuptial agreement is right for you.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer