Prenuptial Agreement Laws in Virginia

Virginia's Premarital Agreement Act makes a prenup unenforceable for lack of financial disclosure only if it was also unconscionable when signed and disclosure was not waived in writing; it sets no waiting period or counsel requirement.

Last checked October 2026. General information, not legal advice.

Uniform act: State act (Va. Code 20-147 and following); Virginia Premarital Agreement Act; applies to premarital agreements signed on or after July 1, 1986.
Financial disclosure required: Only if also unconscionable; The party must show unconscionability, no fair and reasonable disclosure, and no express written waiver of disclosure.
Waiting or review period: No statutory waiting period; The enforcement section sets no minimum time between receiving and signing the agreement.
Independent counsel required: No; The statute's enforcement grounds do not include lack of independent counsel.

Sources

Last checked October 2026

The rules in Virginia

Has Virginia adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in Virginia: State act (Va. Code 20-147 and following). Virginia Premarital Agreement Act; applies to premarital agreements signed on or after July 1, 1986.

Does a prenuptial agreement in Virginia require financial disclosure to be enforceable?

Only if also unconscionable. Financial disclosure required in Virginia: only if also unconscionable. The party must show unconscionability, no fair and reasonable disclosure, and no express written waiver of disclosure.

Is there a waiting or review period before signing a prenup in Virginia?

Waiting or review period in Virginia: No statutory waiting period. The enforcement section sets no minimum time between receiving and signing the agreement.

Does Virginia law require each party to have an independent lawyer for a prenuptial agreement?

No. Independent counsel required in Virginia: no. The statute's enforcement grounds do not include lack of independent counsel.

Where do the Virginia prenuptial agreement laws come from?

The rules above come from Va. Code 20-147 and Va. Code 20-151. Each source is linked on this page. We last checked them in October 2026.

Good to know

Unconscionability is decided by the court as a matter of law, and recitals in the agreement are presumed factually correct.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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