West Virginia Prenuptial Agreement – Template & Laws

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Updated May 13, 2022

A West Virginia prenuptial agreement, or “antenuptial agreement,” is a contract created between two parties before marriage to determine property rights, obligations, and the possible distribution thereof after divorce or death. This contract allows the couple to define what property they will keep to themselves and what will be divided equally should they get divorced. It can protect estates and assets that are to be distributed to children from previous marriages, retirement accounts, businesses and investments, and it can set terms for alimony payments. For this contract to be valid, both parties cannot be minors at the time of execution and each spouse must have the opportunity to meet with an attorney. Furthermore, a court of law will void a prenuptial agreement if they find either party has defrauded the other or there is any indication of duress or misrepresentation.

Signing Requirements (§ 48-1-203) – The document must be signed by both spouses. A notary acknowledgment is recommended.

Case

The validity of a prenuptial agreement is dependent upon its valid procurement, which requires its having been executed voluntarily, with knowledge of its content and legal effect, under circumstances free of fraud, duress, or misrepresentation; however, although advice of independent counsel at the time parties enter into a prenuptial agreement helps demonstrate that there has been no fraud, duress or misrepresentation, and that the agreement was entered into knowledgeable and voluntarily, such independent advice of counsel is not a prerequisite to enforceability when the terms of the agreement are understandable to a reasonably intelligent adult and both parties have had the opportunity to consult with independent counsel.

Video – Making a Prenup in West Virginia