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§ 20-149. A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.
Prenups in Virginia Prenups can also limit the financial and emotional expense of divorce. While you don't have to visit an attorney to draft a prenup in Virginia, prenuptial agreements must be in writing to be legally valid, and must meet other requirements.
For a prenup to be valid and enforceable in court, it must also be: Fair and reasonable. Signed voluntarily (not under duress) Signed by both people before a witness (such as an attorney) Notarized. Signed after full disclosure of both parties.
The contract becomes unenforceable if the court determines that one of the parties was dishonest or is guilty of misrepresentation. As with any legally binding document, prenup agreements must be prepared by a qualified lawyer.
Second, prenups can create a sense of inequality between the two people. By signing a prenup, one partner may feel as if they are more entitled to certain assets than the other. This can lead to resentment and arguments over who owns what. Finally, prenups can be a source of stress in a relationship.
The ?infidelity clause? ? an up-and-coming trend in prenuptial agreements ? seeks to ensure that there are financial consequences for the cheater if that vow is broken. Infidelity clauses are quickly becoming the most popular lifestyle clauses in pre- and postnuptial agreements.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.