Va. Code » Title 20. Domestic Relations » Chapter 8. Premarital Agreement Act
Virginia Code

Va. Code Ann. § 20-148 (2026)

Definitions

✓ laws through the 2026 session (checked Sept. 2026)
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As used in this chapter:

"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

1985, c. 434; 1986, c. 201.

Notes of Decisions
Cited in 8 cases, 1997–2014 · leading case: Pysell v. Keck, 559 S.E.2d 677 (Va. 2002).
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Pysell v. Keck, 559 S.E.2d 677 (Va. 2002). · cites it 8× “This agreement satisfied the statutory requirements for a valid "premarital agreement" pursuant to Code §§ 20-148 and -149 and, undoubtedly, was intended as such.”
Linda S. Miller v. Chester E. Miller, No. 2354064 (Va. Ct. App. Sept. 11, 2007). · cites it 8× “” 5 Husband argues that Code § 20-148, because it includes “income” in the definition of “property,” requires that courts interpret the term “property” in antenuptial agreements as synonymous with “separate property.”
Chester E. Miller v. Linda S. Miller, No. 2223064 (Va. Ct. App. Sept. 11, 2007). · cites it 8× “” 5 Husband argues that Code § 20-148, because it includes “income” in the definition of “property,” requires that courts interpret the term “property” in antenuptial agreements as synonymous with “separate property.”
Razieh Makoui v. Cyrus Makoui, No. 0672113 (Va. Ct. App. Nov. 22, 2011). · cites it 2× “” The agreement, similarly, provides that “[n]o amendment to or change in this agreement shall be effective unless made in a separate written instrument executed -6- by the parties hereto,” and it also references the fact that by signing it, the parties “agreed to accept the…”
Linda Martin Stokes v. James Willis Stokes, II, No. 2527073 (Va. Ct. App. May 20, 2008). · cites it 2× “” She indicated she “has three agreements signed by [husband] that in the event they divorced, he would continue to make mortgage payments,” after which, she would “be the sole owner.”
James Willis Stokes, II v. Linda Martin Stokes, No. 2528073 (Va. Ct. App. May 20, 2008). · cites it 2× “” She indicated she “has three agreements signed by [husband] that in the event they divorced, he would continue to make mortgage payments,” after which, she would “be the sole owner.”
Clifton Lee Harris v. Laura Teresa Harris, No. 2123132 (Va. Ct. App. Sept. 30, 2014). · cites it 2× “1 The trial court declined to rule on wife’s plea of statute of limitations and plea of res judicata; instead, it requested additional briefing from the parties on (1) whether the doctrines of estoppel and laches apply; (2) whether rescission was applicable based on language in…”
Phillip T. Largen v. Colleen H. Largen (Hartis), No. 2856963 (Va. Ct. App. May 27, 1997). “See Code § 20-148. The agreement does not fail because it was not in writing.”
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