By Aaron Thomas, Esq. · Updated November 6, 2026
Yes, a postnuptial agreement in Virginia is enforceable: Va. Code § 20-155 lets married couples contract on the same terms as engaged couples, and the agreement takes effect the day both spouses sign it. In 2026, a postnup typically costs between $2,500 and $10,000 or more per couple, depending on how the agreement is created.
At Prenups.com, a postnup is a flat $4,500, or $6,500 to include negotiations with your spouse’s attorney.
Key Takeaways
- Virginia authorizes postnuptial agreements by statute. Under Va. Code § 20-155, married people may contract with each other to the same extent and under the same conditions as people about to marry.
- A Virginia postnup must be a written agreement signed by both spouses. Virginia does not require notarization, acknowledgment, or witnesses, and no consideration is needed. The agreement is effective on execution.
- A spouse challenging a Virginia marital agreement carries the burden, by clear and convincing evidence, and the factual recitals in the agreement are presumed correct.
- A postnup is not a separation agreement. In Virginia, reconciliation voids a separation agreement unless it says otherwise, which is one reason a couple staying together uses a postnup instead.
- In 2026, a postnup typically costs $2,500 to $10,000 or more per couple. At Prenups.com, a postnup is a flat $4,500, or $6,500 to include negotiations with your spouse’s attorney.
Is a Postnuptial Agreement Valid in Virginia?
Yes, and Virginia is one of the cleaner states on this question. Many states leave postnups to scattered case law. Virginia wrote the answer into its code. Section 20-155 says married persons may enter into agreements with each other to the same extent and under the same conditions as prospective spouses, and that the agreement becomes effective immediately upon execution.
That last point is the practical difference from a prenup. A Virginia premarital agreement takes effect on the marriage, under § 20-149. A postnup has no future event to wait for, so it governs from the day both spouses sign.
The statute’s “same conditions” language ties a postnup back to the rules in Virginia’s Premarital Agreement Act. Those rules are short. The agreement has to be in writing and signed by both parties, and it is enforceable without consideration. Many states require a married couple to exchange something of value beyond the marriage itself before a postnup holds. Virginia does not.
What Virginia Requires at Signing
Execution formalities are the most common reason a postnup fails, so it is worth being exact. A Virginia postnup must be a written agreement signed by both spouses. Virginia does not require notarization, acknowledgment before a certifying officer, or witnesses for the agreement to be valid.
That is a shorter list than many couples expect, because several states do add a notary or witness step for agreements between spouses. Virginia does not. The simplicity cuts both ways. Nothing about the signing ceremony will save a Virginia agreement that was built on a weak record, so the work happens before anyone signs.
How a Virginia Court Reviews the Agreement
Virginia’s enforcement test sits in § 20-151. An agreement is unenforceable if the challenging spouse proves either of two things. The first is that they did not sign voluntarily. The second is that the agreement was unconscionable when it was signed and, before signing, the challenger was not given a fair and reasonable disclosure of the other spouse’s property or financial obligations and did not voluntarily and expressly waive, in writing, any right to disclosure beyond what was provided.
Two features make Virginia distinctive. The disclosure prong has only those two parts, with no separate fallback for a spouse who already had adequate knowledge of the other’s finances, so the disclosure itself carries the load. And the burden sits squarely on the challenger. In Sims v. Sims (2009), the Court of Appeals placed on the challenging spouse the burden of proving unenforceability by clear and convincing evidence.
Section 20-151(B) adds one more rule that shapes how an agreement should be written: the recitals in the agreement are presumed to be factually correct. If the agreement states that each spouse received the other’s financial disclosure, had time to review it, and signed voluntarily, a court starts from the premise that those statements are true.
“Virginia gives married couples a clean statutory path to a postnup, and it takes the agreement’s own recitals at their word, so the record of disclosure and choice has to be accurate on the day both spouses sign,” says Aaron Thomas, Esq., founder of Prenups.com.
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That presumption is a reason for care, not a shortcut. A recital that says full disclosure happened, when it did not, is exactly the kind of statement a challenger will attack. The financial disclosure behind the agreement should be complete, current, and attached.
Postnup or Separation Agreement?
Virginia law treats these as different instruments, and confusing them is costly. A separation agreement is built for spouses who are ending the marriage. Under Va. Code § 20-155, a reconciliation abrogates a separation or property settlement agreement unless the agreement expressly says otherwise. In Wills v. Wills (2021), the Court of Appeals of Virginia held that this rule reaches only agreements made in connection with a separation or the end of the marriage, not a postnup signed by spouses who intend to stay married. A postnup is built for spouses who are staying married and want written terms for how their finances work now and what happens if the marriage ends later.
Common Reasons Virginia Spouses Sign One
The reasons are practical. A couple with a prenup that did not get finished before the wedding can sign the same terms afterward. A spouse who starts a business can settle ownership and a future payout. A couple who received an inheritance, bought a home, or changed how they earn can put the new picture in writing. And a couple whose money has become a recurring argument can replace unspoken rules with written ones.
In 2024, Virginia recorded roughly 23,000 divorces, according to CDC/NCHS data. That is a single year’s count, not a measure of how many marriages end over a lifetime. A postnup is not a forecast about any one marriage. It is a decision about what happens if it ends, made while both spouses agree on the answer. For a fuller picture of what these agreements can cover, see the postnuptial agreement basics, and for the premarital side of the same question, see Virginia prenup costs.
Starting a Virginia Postnup
The process starts with a consultation about your situation and goals. Both spouses then complete full financial disclosure, the agreement is drafted, and each spouse reviews it with their own counsel before signing. Postnups at Prenups.com are a flat fee with no hourly billing, and the full published pricing is available for every tier.
Want a Virginia postnup on a flat fee? Every Virginia agreement is prepared by our attorneys, including a Virginia-licensed attorney as counsel of record, from the first draft through signing. Schedule a consultation.
Frequently Asked Questions
Are postnuptial agreements legal in Virginia?
Yes. Va. Code § 20-155 allows married people to contract with each other to the same extent and under the same conditions as prospective spouses. The agreement takes effect immediately when both spouses sign it.
Does a Virginia postnup need to be notarized or witnessed?
No. A Virginia postnup must be a written agreement signed by both spouses. Virginia does not require notarization, acknowledgment, or witnesses, and no consideration is required.
How much does a postnup cost in Virginia?
In 2026, a postnup typically costs between $2,500 and $10,000 or more per couple, depending on how it is created. At Prenups.com, a postnup is a flat $4,500, or $6,500 to include negotiations with your spouse’s attorney.
What makes a Virginia postnup unenforceable?
The challenging spouse must prove, by clear and convincing evidence, that they did not sign voluntarily, or that the agreement was unconscionable when signed and they received no fair and reasonable disclosure of the other spouse’s property or financial obligations and did not waive disclosure in writing.
Do both spouses need their own attorney for a Virginia postnup?
Virginia does not require it, but separate counsel is one of the clearest ways to show each spouse understood the terms and signed freely. At Prenups.com, a postnup is a flat $4,500, or $6,500 to include negotiations with your spouse’s attorney.
Can a Virginia postnup be signed at any point in the marriage?
Yes. The statute sets no deadline. What matters is complete disclosure, time to review, and a voluntary signature. At Prenups.com, a Virginia postnup is a flat $4,500, or $6,500 to include negotiations with your spouse’s attorney.
Sources
- Va. Code § 20-155 (marital agreements; effective on execution): https://law.lis.virginia.gov/vacode/title20/chapter8/section20-155/
- Va. Code §§ 20-149 and 20-151 (formalities; enforcement; recitals presumed correct): https://law.lis.virginia.gov/vacode/title20/chapter8/section20-151/
- Sims v. Sims, 55 Va. App. 340 (2009) (challenger’s burden, clear and convincing evidence)
- Wills v. Wills, Record Nos. 0117-20-4 and 0144-20-4 (Va. Ct. App. Feb. 9, 2021) (reconciliation does not abrogate a postnup made by spouses who intend to stay married)
- CDC/NCHS, “Stats of the States: Virginia” (2024 divorce rate per 1,000 residents): https://www.cdc.gov/nchs/state-stats/states/va.html
