People have a lot of preconceived notions when they hear the term premarital agreement (or “prenup”), usually picturing untrustworthy spouses and huge net worths.

In reality, a premarital agreement is simply a planning tool that can provide clarity, protection, and peace of mind for both people entering a marriage, especially when there are children from previous marriages.

In Virginia, premarital agreements are governed by state law and can be customized to reflect each couple’s unique circumstances. Understanding what a premarital agreement does (and doesn’t) cover and how it should be prepared can help you decide whether it’s right for you.

What Is a Premarital Agreement in Virginia?

A premarital agreement is a written contract entered into by two people before they get married. Under Virginia law, the agreement becomes effective once the marriage takes place.

The purpose of a premarital agreement is to clearly define certain financial rights and responsibilities during the marriage and, if applicable, in the event of separation, divorce, or death.

Importantly, a premarital agreement is not about planning for failure, it’s about transparency, communication, and protecting both parties from uncertainty.

What Can a Virginia Premarital Agreement Cover?

Virginia law allows premarital agreements to address a wide range of financial and property-related issues, including:

• Separate vs. marital property
  • What each person owns before marriage
  • How property acquired during the marriage will be treated
• Debts and financial obligations
  • Responsibility for pre-existing debts
  • Allocation of debts incurred during the marriage if the marriage were to end
• Income and earnings
  • How income will be handled during the marriage
• Spousal support (alimony)
  • Whether spousal support will be paid, limited, or waived altogether in the event that the marriage ends
• Estate planning rights
  • Waiver or modification of inheritance rights
  • Protection of children from prior relationships
  • Protection of children from accidental disinheritance
• Business interests
  • Ownership, appreciation, and control of closely held businesses or professional practices

A well-drafted agreement ensures that both parties understand how these issues will be handled, rather than leaving those decisions to default state law.

What Can’t a Premarital Agreement Cover?

There are limits to what a premarital agreement can legally control. In Virginia, a premarital agreement cannot:

• Predetermine child custody or child support
• Include provisions that violate public policy
• Be unconscionable or grossly unfair at the time of enforcement

Any provisions related to children will always be subject to court review based on the child’s best interests at the time.

When Should a Premarital Agreement Be Prepared?

A premarital agreement should be started well in advance of the wedding date – ideally several months before the ceremony. Preparing it too close to the wedding can create problems, including later claims of pressure or coercion.

Starting early allows time for:

• Full financial disclosure by both parties
• Thoughtful discussion and negotiation
• Independent legal review for each person
• Proper execution without last-minute stress

A prenup signed days before a wedding is far more vulnerable to being challenged later.

Where is a Premarital Agreement Filed?

Premarital agreements in Virginia are not filed with the court or any government agency.

Instead, the signed agreement is kept by the parties (and their attorneys), and it is enforced only if needed in the future (such as during divorce proceedings or estate administration). That said, proper drafting, execution, and record-keeping are essential to ensure enforceability.

Does a Premarital Agreement Ever Need to Be Updated?

It’s possible. Life changes and likewise your premarital agreement can be updated through a postmarital agreement if circumstances change, such as:

• Significant changes in income or assets
• Starting or selling a business
• Receiving an inheritance
• Relocating to another state
• Changes in estate planning goals

An attorney can help determine whether an update is advisable and ensure any modifications are legally valid.

Can I Prepare a Premarital Agreement Myself?

While online templates and DIY forms are widely available, they often fail to meet Virginia’s legal requirements or to protect both parties adequately. Having an experienced estate or family law attorney prepare a premarital agreement helps ensure:

• Compliance with Virginia law
• Clear, enforceable language
• Full and proper financial disclosure
• Fairness to both parties
• Reduced risk of the agreement being challenged later

Courts closely scrutinize premarital agreements. An agreement that is unclear, incomplete, or improperly executed may be invalidated, defeating the entire purpose of having one.

Take a Thoughtful First Step into Marriage

A premarital agreement isn’t about distrust; it’s about informed decision-making and mutual respect. When done correctly, it creates a strong foundation by setting expectations clearly and protecting what matters most to both people.

If you’re considering a premarital agreement or have questions about whether one makes sense for your situation, contact Davis Law Group to set up an appointment with our experienced estate or family law attorneys who can help you move forward with confidence.