Can a prenuptial agreement be deemed void?

Yes. There are a few things that could void your prenuptial agreement:  (1) If the agreement was not signed voluntarily or (2) If the agreement was unconscionable when signed (i.e. grossly unfair – though this has to be more than just lopsided; Virginia law makes it very difficult to find that an agreement is unconscionable) and, before signing, the person wasn’t provided a fair and reasonable disclosure of the property or financial obligations of the other party (assuming that this disclosure wasn’t knowingly and voluntarily waived in writing).

Kellam T. Parks
Managing Member of Parks Zeigler, PLLC