{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/20-151.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/20-151.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/20-151.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/20-151.html"}],"law_id":353592,"edition_id":2,"section_id":353592,"structure_id":50631,"section_number":"20-151","catch_line":"Enforcement; void marriage","history":"1985, c. 434; 1986, c. 201.","full_text":"A\n\nA premarital agreement is not enforceable if the person against whom enforcement is sought proves that:\n\n1\n\nThat person did not execute the agreement voluntarily; or\n\n2\n\nThe agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.\n\nB\n\nAny issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. Recitations in the agreement shall create a prima facie presumption that they are factually correct.\n\nC\n\nIf a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.\n\n","order_by":null,"text":{"0":{"id":1317315,"text":"A premarital agreement is not enforceable if the person against whom enforcement is sought proves that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1317316,"text":"That person did not execute the agreement voluntarily; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1317317,"text":"The agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1317318,"text":"Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. Recitations in the agreement shall create a prima facie presumption that they are factually correct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1317319,"text":"If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":50631,"edition_id":2,"name":"Premarital Agreement Act","identifier":"8","label":"chapter","depth":2,"order_by":16,"parent_id":50619,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:30:21","date_modified":"2026-08-02 12:30:54","permalink":{"id":1406387,"object_type":"structure","relational_id":50631,"identifier":"8","token":"20\/8","url":"\/20\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50619,"edition_id":2,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":56,"parent_id":null,"metadata":{"child_laws":329,"child_structures":36},"date_created":"2026-08-02 02:30:08","date_modified":"2026-08-02 12:30:49","permalink":{"id":1405077,"object_type":"structure","relational_id":50619,"identifier":"20","token":"20","url":"\/20\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353587,"structure_id":50631,"section_number":"20-147","catch_line":"Application","url":"\/20-147\/","token":"20\/8\/20-147","metadata":false},{"id":353588,"structure_id":50631,"section_number":"20-148","catch_line":"Definitions","url":"\/20-148\/","token":"20\/8\/20-148","metadata":false},{"id":353589,"structure_id":50631,"section_number":"20-149","catch_line":"Formalities of premarital agreement","url":"\/20-149\/","token":"20\/8\/20-149","metadata":false},{"id":353591,"structure_id":50631,"section_number":"20-150","catch_line":"Content of agreement","url":"\/20-150\/","token":"20\/8\/20-150","metadata":false},{"id":353592,"structure_id":50631,"section_number":"20-151","catch_line":"Enforcement; void marriage","url":"\/20-151\/","token":"20\/8\/20-151","metadata":false},{"id":353593,"structure_id":50631,"section_number":"20-152","catch_line":"Limitation of actions","url":"\/20-152\/","token":"20\/8\/20-152","metadata":false},{"id":353594,"structure_id":50631,"section_number":"20-153","catch_line":"Amendment or revocation of agreement","url":"\/20-153\/","token":"20\/8\/20-153","metadata":false},{"id":353595,"structure_id":50631,"section_number":"20-154","catch_line":"Prior agreements","url":"\/20-154\/","token":"20\/8\/20-154","metadata":false},{"id":353596,"structure_id":50631,"section_number":"20-155","catch_line":"Marital agreements","url":"\/20-155\/","token":"20\/8\/20-155","metadata":false}],"previous_section":{"id":353591,"structure_id":50631,"section_number":"20-150","catch_line":"Content of agreement","url":"\/20-150\/","token":"20\/8\/20-150","metadata":false},"next_section":{"id":353593,"structure_id":50631,"section_number":"20-152","catch_line":"Limitation of actions","url":"\/20-152\/","token":"20\/8\/20-152","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-151\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 434 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1986, chapter 201.<\/p>","references":false,"refers_to":false,"permalink":{"id":1406405,"object_type":"law","relational_id":353592,"identifier":"20-151","token":"20\/8\/20-151","url":"\/20-151\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/20-151\/","token":"20\/8\/20-151","dublin_core":{"Title":"Enforcement; void marriage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-151","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A premarital agreement<\/span> is not enforceable if the person against whom enforcement is sought proves that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That person did not execute the agreement voluntarily; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property<\/span> or financial obligations of the other party<\/span>; and (ii) did not voluntarily and expressly waive<\/span>, in writing, any right to disclosure of the property<\/span> or financial obligations of the other party<\/span> beyond the disclosure provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any issue<\/span> of unconscionability of a premarital agreement<\/span> shall be decided by the court<\/span> as a matter of law<\/span>. Recitations in the agreement shall create a prima facie presumption<\/span> that they are factually correct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement<\/span> shall be enforceable only to the extent necessary to avoid an inequitable result. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT; VOID MARRIAGE (\u00a7 20-151)\n\nA. A premarital agreement is not enforceable if the person against whom\nenforcement is sought proves that:\n\n 1. That person did not execute the agreement voluntarily; or\n\n 2. The agreement was unconscionable when it was executed and, before execution\n of the agreement, that person (i) was not provided a fair and reasonable\n disclosure of the property or financial obligations of the other party; and\n (ii) did not voluntarily and expressly waive, in writing, any right to\n disclosure of the property or financial obligations of the other party beyond\n the disclosure provided.\n\nB. Any issue of unconscionability of a premarital agreement shall be decided by\nthe court as a matter of law. Recitations in the agreement shall create a prima\nfacie presumption that they are factually correct.\n\nC. If a marriage is determined to be void, an agreement that would otherwise\nhave been a premarital agreement shall be enforceable only to the extent\nnecessary to avoid an inequitable result.\n\nHISTORY: 1985, c. 434; 1986, c. 201.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}