Virginia-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Virginia are governed by the Premarital Agreement Act, codified at Va. Code § 20-147 through § 20-155. Virginia adopted this UPAA-modeled framework in the 1980s, and it applies to any premarital agreement executed on or after July 1, 1986. The standard is well-established and clear.
Virginia is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends on the court’s assessment of the circumstances. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
To be valid, a Virginia premarital agreement must be in writing and signed by both parties. It is enforceable without consideration and becomes effective upon marriage. Virginia does not require witnesses or notarization by statute, although notarization is strongly recommended and standard practice.
Under § 20-151, a Virginia premarital agreement is not enforceable if the party challenging it proves either:
There is a detail in Virginia’s test worth understanding. Many UPAA states give a challenger a third hurdle by also requiring proof that they could not reasonably have known the other party’s finances on their own. Virginia’s statute focuses on the first two points. In practice, that means the cleanest way to protect a Virginia agreement is direct: either provide full, documented financial disclosure, or obtain an express written waiver of disclosure. We build one or both into every Virginia agreement.
Virginia’s enforcement test centers on two things: voluntary signing and disclosure. To stand up against an unconscionability challenge, a Virginia agreement needs either fair and reasonable financial disclosure or an express written waiver of that disclosure. Virginia does not give challengers the “they should have known anyway” argument that some states allow, so getting disclosure or a written waiver right is the cleanest protection available. That is what we focus on.
$150, credited toward your agreement.
Custom to Virginia law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Virginia does not impose a statutory waiting period or witness requirement, but we structure the process so the agreement is signed well before the wedding and with full, documented disclosure or an express written waiver.
Flat fee. Clear scope. No surprises.
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We work with couples across Virginia, from Virginia Beach, Norfolk, and Chesapeake to Richmond, Arlington, Alexandria, Newport News, and Roanoke. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Virginia-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows Virginia’s Premarital Agreement Act, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Virginia, also called a premarital agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and spousal support will be handled if the marriage ends in divorce or death. These agreements are governed by the Virginia Premarital Agreement Act, Va. Code § 20-147 through § 20-155, and take effect when the couple marries.
Yes. Virginia enforces prenuptial agreements under the Premarital Agreement Act. The agreement must be in writing, signed by both parties, and entered into voluntarily. It can be set aside only if the challenger proves it was signed involuntarily, or that it was unconscionable when signed without fair disclosure or an express written waiver of disclosure.
A valid Virginia prenup must be in writing and signed by both parties, and is enforceable without consideration. To withstand challenge, it should be entered into voluntarily and supported by fair and reasonable financial disclosure or an express written waiver of disclosure. Virginia does not require witnesses or notarization by statute, though notarization is strongly recommended.
At Prenups.com, a Virginia prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Virginia prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since voluntary signing is one of the two grounds on which an agreement can be challenged.
Yes. A prenuptial agreement must be signed before marriage and becomes effective on the date of marriage. If you are already married, Virginia allows a marital agreement, the state’s form of postnuptial agreement, which takes effect immediately on signing. Virginia does not set a fixed statutory waiting period, but signing well in advance supports voluntariness.
Yes. Under § 20-151, a Virginia prenup can be set aside if the challenger proves they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given fair and reasonable disclosure and did not expressly waive disclosure in writing. Inadequate disclosure, without a written waiver, is the most common ground.
A Virginia prenup can address each party’s rights in property whenever and wherever acquired, the management and control of property during marriage, the disposition of property on divorce or death, the modification or elimination of spousal support, the making of wills or trusts to carry out the agreement, and the protection of a business or professional practice.
A Virginia prenup cannot adversely affect a child’s right to support, which the court decides based on the child’s best interests. It also cannot be enforced if it was signed involuntarily or was unconscionable at signing without fair disclosure or a written waiver, and it cannot include terms that violate public policy or law.
Virginia does not legally require each party to have a separate attorney. However, independent representation strengthens the conclusion that the agreement was signed voluntarily and with full understanding, which is directly relevant to enforceability. At a minimum, the party without counsel should have a clear, documented opportunity to obtain one.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Virginia. It can confirm that a business is separate property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes. Virginia explicitly authorizes postnuptial agreements, called marital agreements, under § 20-155. They follow the same standard as prenuptial agreements but take effect immediately upon execution rather than at marriage. They must be in writing, signed voluntarily, and supported by fair disclosure or a written waiver. At Prenups.com, a Virginia postnuptial agreement is a flat fee of $4,500.
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