Updated January 24, 2023
A Virginia postnuptial agreement determines how a married couple will distribute the marital property if their marriage ends in divorce or death. Postnuptial agreements are beneficial in case of divorce because they take precedence over the default rules for property division.
Unlike prenuptial agreements (“prenups”), which are signed before marriage, postnuptial agreements are signed after a couple has already been married. Virginia, however, is one of a few states whose rules for postnuptial agreements are the same as those for prenuptial agreements.
Signing Requirements (Va. Code Ann. § 20-149) – Agreements shall be in writing and signed by both parties.
Laws
- § 20-147 – Application
- § 20-148 – Definitions
- § 20-149 – Formalities of premarital agreement
- § 20-150 – Content of agreement
- § 20-151 – Enforcement; void marriage
- § 20-152 – Limitation of Actions
- § 20-153 – Amendment or revocation of agreement
- § 20-154 – Prior agreements
- § 20-155 – Marital agreements