Is there any provision to amend a premarital agreement after marriage? Can it be done orally?

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.”

 

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.