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At Shoun, Bach, Walinsky & Curran, P.C., our attorneys are experienced in explaining the legal prerequisites and requirements as to premarital agreements.
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Home > About Us > Practice Areas > Premarital (Antenuptial or Prenuptial) Agreements
Premarital (Antenuptial
or Prenuptial) Agreements
Virginia’s Premarital Agreement Act defines a premarital agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” It requires that the agreement be in writing and signed by both parties. Unlike most other contracts these agreements are enforceable without any exchange of value between the parties.
Parties to a premarital agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property
- The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;
- Spousal support
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- The ownership rights in and disposition of the death benefit from a life insurance policy
- The choice of law governing the construction of the agreement
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty
Virginia’s Premarital Agreement Act provides further that a premarital agreement is not enforceable if the person against whom enforcement is sought proves that:
- That person did not execute the agreement voluntarily; or
- 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.
Any issue of unconscionability of a premarital agreement is decided by the court as a matter of law. However, statements that the agreement was executed voluntarily and is not unconscionable in the agreement create a presumption that they are factually correct.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement will be enforceable only to the extent necessary to avoid an inequitable result.
At Shoun, Bach, Walinsky & Curran, P.C., our attorneys are experienced in explaining the legal prerequisites and requirements as to premarital agreements. We are also qualified and adept at preparing agreements based on the issues they are intended to resolve.
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