Bill Text: VA HB346 | 2024 | Regular Session | Prefiled
Bill Title: Premarital agreements; enforcement.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB346 Detail]
Download: Virginia-2024-HB346-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §20-151 of the Code of Virginia is amended and reenacted as follows:
§20-151. Enforcement; void marriage.
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. A premarital agreement executed on or after July 1, 2024, is not enforceable if the person against whom enforcement is sought proves that the other party to the agreement was convicted of an offense of criminal sexual assault under Article 7 (§18.2-61 et seq.) of Title 18.2 or a substantially similar law of another state, the United States, or any foreign jurisdiction that constitutes criminal sexual assault when the victim of the offense was the person against whom enforcement is sought or a child of the parties.
D. 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.
