20-151 - Enforcement; void marriage. - Virginia Statutes

§ 20-151. Enforcement; void marriage.

A. A premarital agreement is not enforceable if the person against whomenforcement is sought proves that:

1. That person did not execute the agreement voluntarily; or

2. The agreement was unconscionable when it was executed and, beforeexecution of the agreement, that person (i) was not provided a fair andreasonable disclosure of the property or financial obligations of the otherparty; and (ii) did not voluntarily and expressly waive, in writing, anyright to disclosure of the property or financial obligations of the otherparty beyond the disclosure provided.

B. Any issue of unconscionability of a premarital agreement shall be decidedby the court as a matter of law. Recitations in the agreement shall create aprima facie presumption that they are factually correct.

C. If a marriage is determined to be void, an agreement that would otherwisehave been a premarital agreement shall be enforceable only to the extentnecessary to avoid an inequitable result.

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