How is a prenuptial agreement enforced?

In Virginia, prenuptial agreements are legally binding contracts between two spouses. These agreements outline what assets either party may keep in the event of a divorce. The court will enforce the terms of the agreement unless it was signed under duress or was obtained through fraud or misrepresentation. Enforcing a prenuptial agreement involves proving that it is valid. To be valid it must be written, signed by both parties with valid identification and witnessed. The agreement should also outline the assets each partner is bringing into the marriage. This could be in the form of real estate, stocks, investments and so on. The court will examine the agreement and make sure that it is not contrary to public policy and was entered into freely. They will also consider any evidence of coercion or fraud. If the court finds that the prenuptial agreement was entered into freely, it will be enforced. In some cases, one or both parties may contest the agreement, but if the court finds it to be valid it will be upheld. The court may also modify the agreement if it finds that both spouses have changed their financial circumstances over the course of the marriage. All in all, prenuptial agreements are legally enforceable contracts when entered into in Virginia. In order to be valid, they must meet certain criteria and any challenges to their validity must be heard in court. If the court finds that the agreement is valid, it will be enforced.

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