STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Virginia: Requirements & How to Get One

Every OurPrenup agreement is built for the laws where you live. In Virginia, a prenup is formally called a premarital agreement.

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Is a prenup enforceable in Virginia? The short answer

Yes — prenuptial agreements are legally enforceable in Virginia under the Uniform Premarital Agreement Act (UPAA) (Va. Code §§ 20-147 to 20-155 (Premarital Agreement Act)). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

Virginia at a glance

Legal framework
Uniform Premarital Agreement Act (UPAA)
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Recommended
Witnesses
Not required
Financial disclosure
Standard — fair and reasonable disclosure
Independent lawyers
Recommended
Spousal support terms
Can be set in your agreement

Virginia prenup questions, answered

Are prenuptial agreements enforceable in Virginia?

Yes. Virginia enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is Va. Code §§ 20-147 to 20-155 (Premarital Agreement Act). The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

What is a prenup called in Virginia?

Virginia law formally calls a prenup a "premarital agreement." It works the same way: a written contract two people sign before marriage that sets out property and financial rights.

Does a prenup need to be notarized in Virginia?

Notarization is not strictly required in Virginia, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Virginia signing instructions include it.

Do you need witnesses to sign a prenup in Virginia?

No — Virginia does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.

Do we each need a lawyer to get a prenup in Virginia?

No — Virginia does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.

Is Virginia a community property state?

No. Virginia is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in Virginia?

Yes — Virginia allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Virginia require for a prenup?

Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in Virginia. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Virginia?

Virginia has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Virginia?

Attorney-drafted prenups in Virginia commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Virginia-specific premarital agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Virginia signing instructions — with optional online e-sign and notarization for $50.

How to sign your premarital agreement in Virginia

  1. 1

    Both parties review the final premarital agreement and all attached financial schedules.

  2. 2

    Both parties sign the premarital agreement.

  3. 3

    Have the agreement notarized. While Virginia does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  4. 4

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 1 × Notary Public (recommended)

3 people total at signing

Governing law

  • Va. Code §§ 20-147 to 20-155 (Premarital Agreement Act)

This guide is general information about Virginia law, not legal advice. For advice on your specific situation, consult a licensed attorney in Virginia. See our full legal disclaimer.

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