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Can I write my own prenup in Virginia?

Prenups in Virginia are expressly allowed by the Virginia Premarital Agreement Act (Va. Code 20-147 through 20-155), which sets forth the requirements for entering into a legally enforceable Virginia Prenuptial Agreement, including the content that can and cannot be included in a premarital contract.

What makes a prenup invalid?

If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.

What are five things that Cannot be included in a prenuptial agreement?

5 Things You Cannot Include in Your Prenuptial Agreement 1) Nonfinancial Rules. 2) Anything Illegal. 3) Terms Involving Child Custody or Support. 4) Unfair or Unreasonable Terms. 5) Incentive for Divorce.

Do you need a lawyer for a prenup in Virginia?

Most importantly, prenups are legally binding contracts which follow a very specific set of rules. For this reason, you should always have a lawyer to either draft your prenup or look over it to make sure its fair and valid.

How long does a prenup last in Virginia?

Prenuptial agreements usually last for the lifetime of a marriage but some couples include what is called a sunset clause where the prenuptial agreement is no longer valid after a certain time period. If there is no clause it is assumed the agreement will last a lifetime.

Do you need a lawyer for a prenup in Virginia?

Most importantly, prenups are legally binding contracts which follow a very specific set of rules. For this reason, you should always have a lawyer to either draft your prenup or look over it to make sure its fair and valid.

How much does it cost to get a prenup in Virginia?

Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.

What Cannot be included in a prenup?

Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.

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