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West Virginia Postnuptial Agreement

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Updated August 06, 2025

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.

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.