Download West Virginia Prenuptial Agreement Form [PDF]

The West Virginia prenuptial agreement, or prenup agreement, is a legal document used by future spouses to determine their individual and marital property. Parties also use this document to set the rights and responsibilities of each party towards the property they will acquire during the marriage.

The parties will first provide a detailed list of all the assets acquired before the marriage and determine which part of these assets will be part of their individual property and which ones become marital property. In this way, the property division process will be much easier in the case of a divorce.

Parties don’t only use the prenuptial agreement after marriage. They can also determine the rights and responsibilities of each partner for the property acquired during the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in West Virginia

The laws and legal requirements for a prenuptial agreement in West Virginia are all outlined in the precedents established by the West Virginia courts and a few provisions of the state law. The main reason for this is that West Virginia hasn’t adopted the Uniform Premarital Agreement Act.

The main case in West Virginia that provides many precedents for the prenuptial agreement is Ware v. Ware, 224 W. Va. 599 (2009). In this case, it is provided that:

“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.”

Signing Requirements for a Prenuptial Agreement in West Virginia

Signing requirements for a prenuptial agreement in West Virginia stipulate that the agreement must be made in written form. Moreover, both parties to the prenup agreement must sign the document.

The parties should also consider signing the prenuptial agreement form in front of the notary public. This step is not mandatory, but it additionally confirms the authenticity of the document, which further prevents disputes and fraudulent activities.

Prenuptial Agreement Enforcement in West Virginia

The court might declare the West Virginia prenuptial agreement form unenforceable if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

They have signed the agreement against their will
The other party failed to present full and truthful information about their financial status before signing the agreement
They did not have, or reasonably could not have, adequate knowledge about the other party’s financial status before signing the agreement

Moreover, if the marriage is declared void by the court, it will be unenforceable to the extent necessary to avoid inequitable results.

What Can a Prenuptial Agreement in West Virginia Cover?

The prenuptial agreement template in West Virginia can cover various aspects of the financial relationship between the future spouses. However, the provisions of the agreement must all be in line with state law and public policy.

Below, you can see the most commonly used provisions for the West Virginia prenuptial agreement:

Provisions in a Prenuptial Agreement

Provisions regulating rights and obligations of the future spouses in terms of their individual property
Right to sell, buy, mortgage, lease, transfer, or manage the property acquired during the marriage
Rules on how the property will be divided in case of marriage dissolution, separation, death, or any other similar event
Matters regulating life insurance, wills, and trusts

Prenuptial Agreement in West Virginia: Validity Criteria

The prenup agreement must be in line with the formality criteria set by the state law. This means that the prenuptial agreement will be considered invalid if both parties fail to sign the document.

Moreover, the validity of the prenuptial agreement is connected with the existence of marriage. In practice, this means that the prenuptial agreement will be considered invalid if the parties don’t get married after signing it.