Can a premarital agreement be amended after marriage in Virginia?

Full question:

I live in Virginia and am married. My husband and I had entered a pre-marital agreement. Is there any provision to amend the agreement after marriage? Can it be done orally?

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: Virginia

Answer:

In Virginia, you can amend a premarital agreement after marriage. However, any amendment must be in writing and signed by both parties. Oral amendments are not allowed under the law. This is specified in Va. Code Ann. § 20-153, which states that a premarital agreement can only be amended or revoked by a written agreement signed by both parties, and such amendments are enforceable without consideration.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a prenup can be challenged in court. Common grounds for challenging a prenuptial agreement include lack of full disclosure of assets, coercion, fraud, or if the agreement is deemed unconscionable. Each case is evaluated on its specific facts, and it's advisable to consult with a legal professional for guidance.