Download West Virginia Postnuptial Agreement Form [PDF]

The West Virginia postnuptial agreement is a legal document that outlines how the spouses will handle their financial and non-financial relationships during and after the marriage. This can include matters like the rights and obligations of each spouse in relation to their individual and marital property, an agreement on how the property will be divided in the event of a divorce, and more.

The main difference between postnuptial and prenuptial agreements is the moment the parties sign the document. With prenup agreements, the parties sign the document before they enter the marriage. Contrary to that, with the postnup agreement, the parties sign the document once they get married.

Laws and Legal Requirements for a Postnuptial Agreement in West Virginia

The laws and legal requirements for a postnuptial agreement in West Virginia are of crucial importance in providing a legal framework for what the document should look like. Moreover, they provide guidelines on what provisions the document can or cannot include.

The main sources of law for determining the legality of the West Virginia postnuptial agreement are state laws and court decisions.

W. Va. Code § 48-7-102 provides that the spouses are allowed to enter the postnuptial agreement and that the court should divide the marital property according to the agreement unless:

Laws and Legal Requirements

The agreement was obtained by fraud, duress, or other unconscionable conduct
The court finds that the parties have not expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings
The agreement is so inequitable as to defeat the purposes of this section

Signing Requirements for a Postnuptial Agreement in West Virginia

The state law provides that the West Virginia postnuptial agreement must be made in written form. Moreover, for the postnuptial agreement form to be valid, both parties must sign the document.

The parties are, however, not required to notarize their postnuptial agreement. Regardless of that, they should still consider completing this step whenever possible. The main benefit of notarization is that it will additionally confirm the authenticity of the document and prevent misunderstandings in this regard, as well as potential fraudulent activities.

Postnuptial Agreement Enforcement in West Virginia

The West Virginia postnuptial agreement must fulfill multiple requirements to be considered enforceable.

The first requirement for the enforcement of the postnuptial agreement is that both parties sign the document. Moreover, both spouses must sign it willingly, without coercion, pressure, fraud, duress, or other kinds of influence on the party’s free will.

In addition, the postnup agreement must include a complete and truthful disclosure of each party’s financial status. This means that each party should provide a list of all the assets and liabilities they have acquired before signing the agreement.

Finally, both parties should be able to consult with their legal advisor before signing the postnuptial agreement.

What Can a Postnuptial Agreement in West Virginia Cover?

A postnuptial agreement form in West Virginia can cover multiple matters connected with the spouses’ financial and non-financial relationship.

Here, you can see the matters that are most commonly included in the West Virginia postnuptial agreement template:

Provisions in a Postnuptial Agreement

Rights and responsibilities of each spouse towards the individual and marital property
Rules on how the parties will manage the property acquired during the marriage
Rules on how the parties will divide the property in case of marriage dissolution, divorce, death, or any similar event
Matters related to alimony, spousal support, pension and insurance funds, wills and trusts
Choice of relevant laws regulating the postnuptial agreement

Postnuptial Agreement in West Virginia: Validity Criteria

The West Virginia postnuptial agreement must be in line with the formality requirements outlined by state law in order to be considered valid. This means that it must be made in written form and that both spouses must sign the document.

Moreover, the validity of the postnup agreement is also tied to the existence of the marriage. The parties can sign the agreement only after they have already entered into a marriage.