Prenuptial Requirement Law in Virginia
The Commonwealth of Virginia upholds written premarital agreements if they are signed by both parties without legal consideration and do not violate Virginia's public policy or criminal laws. Virginia allows the parties to completely waive alimony.
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Features
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A prenuptial agreement, also known as a premarital agreement in Virginia, is a written contract entered into prior to marriage that makes arrangements for the division of property if the marriage dissolves.
Considerations
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Virginia allows parties to completely waive their spousal support rights upon divorce if the parties fully disclose their financial assets prior to executing the agreement to be considered an arms-length (equal footing) negotiation. However, Virginia, like all other jurisdictions, will not allow the parties to address future child support obligations in their prenuptial agreements.
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Types
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Virginia allows a prenuptial agreement to incorporate disposition of land, both real and personal, spousal support awards, making of a will in exchange for the premarital agreement and choice of venue or law, which will apply when determining the validity of any subsequently contested agreement.
Potential
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Virginia is an equitable property distribution jurisdiction, and property titled separately prior to marriage may convert to marital property. Upon divorce, Virginia courts will attempt to distribute marital property equitably, including property held in one party's name. Prenuptial agreements in Virginia should address individual rights to any property acquired prior to marriage.
Disclaimer
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Since laws may frequently change, you should not use this information as a substitute for legal advice. Seek the advice of an attorney who is licensed to practice in your jurisdiction.
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References
Resources
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