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West Virginia Postnuptial Agreement

A West Virginia postnuptial agreement is a legal document that married couples can use to determine how certain assets will be distributed if the marriage ends in divorce or death.
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Signing Requirements

No clear rule.

Laws

Marital Property: In cases where the parties have executed a separation agreement, a court shall divide the marital property following the terms of the agreement unless the court finds:[1]

  1. That the agreement was obtained by fraud, duress, or other unconscionable conduct by one of the parties;
  2. That the parties in the separation agreement have been so unclear as to make the agreement unenforceable;
  3. That the agreement is so inequitable as to defeat the purposes of state law and that the agreement was inequitable at the time it was executed.