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

Va. Code Ann. § 20-149 (2026)

Formalities of premarital agreement

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A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.

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

Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1988–2025 · leading case: Black v. Powers, 628 S.E.2d 546 (Va. Ct. App. 2006).
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Black v. Powers, 628 S.E.2d 546 (Va. Ct. App. 2006). · cites it 8× “[20] See Code § 20-149 (enacted in 1985). See also Batleman v.”
Richardson v. Richardson, 392 S.E.2d 688 (Va. Ct. App. 1990). · cites it 6× “The remaining issue is whether a property settlement agreement which occurs during pending divorce litigation is required to be in writing under the Statute of Frauds, Code § 11-2, or whether Code §§ 20-149 and 20-155 require such agreements to be in writing.”
Shenk v. Shenk, 571 S.E.2d 896 (Va. Ct. App. 2002). · cites it 4× “, Code § 20-149 (premarital agreements “shall be enforceable without consideration”) with Sager v.”
Gaffney v. Gaffney, 613 S.E.2d 471 (Va. Ct. App. 2005). · cites it 6× “” Code § 20-149 requires that such agreements “be in writing and signed by both parties.”
De Avies v. De Avies, 592 S.E.2d 351 (Va. Ct. App. 2004). · cites it 3× “Neither of those two enabling statutes expressly states or implicitly reveals a legislative intent to precondition the exercise of those powers upon compliance with the signature requirements of Code § 20-109(C) or Code § 20-149. Nor does anything in the legislative design of…”
Flanary v. Milton, 556 S.E.2d 767 (Va. 2002). · cites it 2× “*23 Code § 20-150 identifies the various subjects that such agreements may properly address, including the parties’ rights regarding spousal support and disposition of property upon separation or divorce. The agreement at issue purported to settle, among other things, spousal…”
Westbrook v. Westbrook, 364 S.E.2d 523 (Va. Ct. App. 1988). · cites it 2× “Code § 20-149. Written agreements entered into prior to the effective date are valid and enforceable if otherwise valid as contracts.”
Lehman v. Lehman, 567 S.E.2d 571 (Va. Ct. App. 2002). · cites it 4× “The parties do not discuss Code §§ 20-149 and 20-155. Therefore, we do not address whether consideration is necessary in such agreements.”
Stephen L. Bryant v. Kerren B. McDougal, 636 S.E.2d 897 (Va. Ct. App. 2006). · cites it 8× “However, pursuant to Code § 20-149, such agreements are required to be in writing and signed by both parties unless the parties satisfy one of two statutory exceptions.”
Turner v. Turner, 622 S.E.2d 263 (Va. Ct. App. 2005). · cites it 2× “Husband correctly notes that Flanary ruled that an oral agreement violated the requirement of Code § 20-149 that an agreement must be in writing and signed by the parties.”
Black v. Edwards, 445 S.E.2d 107 (Va. 1994). · cites it 2× “]” Code § 20-149 requires that a “premarital agreement shall be in writing and signed by both parties.”
Dexter v. Dexter, 371 S.E.2d 816 (Va. Ct. App. 1988). · cites it 2× “Code § 20-149. In our view, these legislative changes were forecast in Capps.”
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