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The Virginia Premarital Agreement Act, § 20-151(A) of the Code of Virginia, further provides that an 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, ...

Virginia recognizes the Uniform Premarital Agreement Act, and all prenuptial agreements must comply with its provisions. The agreement must be in writing and both parties must have entered and signed the agreement without coercion when fully intending to marry.

§ 20-148. "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.

Prenups in Virginia Prenups can also limit the financial and emotional expense of divorce. While you don't have to visit an attorney to draft a prenup in Virginia, prenuptial agreements must be in writing to be legally valid, and must meet other requirements.

What Makes a Prenup Null and Void? A Virginia court can invalidate a prenuptial agreement if it includes provisions that are invalid: Waiving rights protected by law. Defining responsibilities that are unrealistic or illegal (?unconscionable? in the words of the Code of Virginia)

§ 20-155. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed.