Legal Question in Family Law in Virginia
I am using a standard prenup agreement.What are the requirements to make it binding and does it have to be affirmed by an attorney prior to the respective parties signing the document to make it a valid contract?
1 Answer from Attorneys
The problem with this form you're using is that there is really no standard
situation for any given couple attempting to create a legal document
which will hold up in court should it later be subject to legal challenge.
Having said that, however, the main factors involve full disclosure regarding
all assets of each party (particularly by the one who has more of these) and
that each has had the opportunity to seek legal advice before signing it.
I am not aware of any requirement that this premarital type of agreement must first "be affirmed by an attorney...to make it a valid contract." (Prenuptial agreements may or may not be recognized in the Commonwealth depending upon how they conform with the above factors as well as others that may be important such as whether the "less-empowered " party was in no way coerced or subject to undue influence in making her decision.)