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, a premarital agreement can be amended after marriage. Amendment can be effective only by a written agreement signed by the parties. This is enforceable without consideration. Thus, you may amend the agreement after marriage but it should be written and signed by both of you. Oral amendment of pre-marital agreement is not permitted under law. This is provided under Va. Code Ann. § 20-153. It reads:“After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.”
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