                                 CODE OF VIRGINIA

ENFORCEMENT; VOID MARRIAGE (§ 20-151)

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

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

   2. The agreement was unconscionable when it was executed and, before execution
   of the agreement, that person (i) was not provided a fair and reasonable
   disclosure of the property or financial obligations of the other party; and
   (ii) did not voluntarily and expressly waive, in writing, any right to
   disclosure of the property or financial obligations of the other party beyond
   the disclosure provided.

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

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

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