Virginia Code

Va. Code Ann. § 20-153 (2026)

Amendment or revocation of agreement

✓ current as of May 2026

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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.

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

Notes of Decisions

Cited in 8 cases, 1994–2011 · leading case: Smith v. Smith, 449 S.E.2d 506 (Va. Ct. App. 1994).

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Smith v. Smith, 449 S.E.2d 506 (Va. Ct. App. 1994). · cites it 2× “” Code § 20-153.* 1 This provision applies also to agreements entered into by married persons “for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions .”

McCall v. McCall, 43 Va. Cir. 296 (Rockingham Cir. Ct. 1997). · cites it 6× “” Code § 20-153. This provision applies also to agreements entered into by married persons “for the purposes of settling die rights and obligations ofeither or both of them to the same extent with die same effect and such same conditions .”

Linda S. Miller v. Chester E. Miller (Va. Ct. App. 2007). · cites it 14× “The trial court found that, although the parties mutually intended to revoke the antenuptial agreement when they threw it into the fire, the agreement was still binding because the revocation was not in writing as required by Code § 20-153. The Court then found the antenuptial…”

Chester E. Miller v. Linda S. Miller (Va. Ct. App. 2007). · cites it 14× “The trial court found that, although the parties mutually intended to revoke the antenuptial agreement when they threw it into the fire, the agreement was still binding because the revocation was not in writing as required by Code § 20-153. The Court then found the antenuptial…”

Scott Thomas McNamee v. Sharon Jones McNamee (Va. Ct. App. 2011). · cites it 6× “Yet, husband contends that it is undisputed that the parties had a written agreement based on wife’s testimony at the ore tenus hearing at which the following occurred: Q: Was there ever any written agreement to modify the alimony? [Wife]: We had the e-mail, but the whole intent…”

Razieh Makoui v. Cyrus Makoui (Va. Ct. App. 2011). · cites it 3× “It held that if she relied upon that misrepresentation to conclude the agreement was no longer in effect, her reliance was unreasonable.”

John Douglas Clark v. Susan Little Bundy Clark (Va. Ct. App. 1998). · cites it 2× “Section (H) of the agreement provides as follows: In the event that the reconciliation - 5 - efforts prove successful, the parties acknowledge that, at some point, the Court must by law consider the marriage to be resumed and the separation ended, which may affect their mutual…”

Harry E Milner, Jr v. Sheril L Milner (Va. Ct. App. 2003). “As the commissioner and the chancellor both noted, Code §§ 20-153 and 20-155 provide that separation agreements may be modified or rescinded only in writing.”

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