A West Virginia prenuptial agreement is a legally binding contract between two individuals prior to marriage outlining the management and division of assets and financial commitments in the event of death or divorce. This agreement lets couples delineate personal assets from marital property. This way, each spouse can safeguard assets such as inheritances for children from prior marriages.
This contract may cover business interests to which each party has entitlement and guidelines for alimony. For such an agreement to have validity in the state, both parties should be of marrying age and have the chance to consult with legal counsel. The agreement is subject to nullification by a court if either party discovers misrepresentation, coercion, or fraud in its execution.
Legal Considerations
Laws: Instead of having explicit statutes governing prenuptial agreements, West Virginia refers to case law. Some important cases that courts often cite include Ware v. Ware, 224 W. Va. 599, 687 S.E.2d 382 (W. Va. 2009) and Gant v. Gant 329 S.E.2d 106 (1985).
Signing Requirements: Both spouses must sign (§ 48-1-203).
Dividing Property: Equitable distribution (§ 48-5-610).
Enforceability Requirements
- Voluntary Signing: Both parties must sign the agreement voluntarily without coercion.
- Fairness: The prenup shouldn’t be unconscionable or unfair when signing.
- Legal Counsel: Both parties should have the same opportunity to seek separate legal counsel.
- Financial Disclosure: Both parties must receive disclosure of the other’s financial situation if there’s no waiver for this disclosure.
- Alimony Matters: A prenup can address alimony, including whether the spouses will eliminate it or minimize the award amount when the time comes.
