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Home » US Law » 2022 Code of Virginia » Title 20 - Domestic Relations » Chapter 8 - Premarital Agreement Act

§ 20-147. Application

This chapter shall apply to any premarital agreement executed on or after July 1, 1986. 1985, c. 434; 1986, c. 201.

§ 20-148. Definitions

As used in this chapter: “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. 1985, c. 434; 1986, c. 201.

§ 20-149. Formalities of premarital agreement

A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage. 1985, c. 434; 1986, c. 201.

§ 20-150. Content of agreement

Parties to a premarital agreement may contract with respect to: 1. 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; 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest […]

§ 20-151. Enforcement; void marriage

A. 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 […]

§ 20-152. Limitation of actions

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. 1985, c. 434; 1986, c. 201.

§ 20-153. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. 1985, c. 434; 1986, c. 201.

§ 20-154. Prior agreements

All written agreements entered into prior to the enactment of this chapter between prospective spouses for the purpose affecting any of the subjects specified in § 20-150 shall be valid and enforceable if otherwise valid as contracts. 1985, c. 434; 1986, c. 201.

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements […]