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West Virginia Prenuptial Agreement

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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West Virginia at a glance: Disclosure: Full financial disclosure required · Fairness Test: Must not be unconscionable · Governing Law: West Virginia Code Title 48

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Overview

Prenuptial Agreements in West Virginia

West Virginia prenuptial agreements are governed by common law and W. Va. Code § 48-1-101.
Key Facts

West Virginia Prenuptial Agreement — Quick Reference

RequirementWest Virginia Rule
DisclosureFull financial disclosure required
Fairness TestMust not be unconscionable
Governing LawWest Virginia Code Title 48
Legal Requirements

West Virginia Legal Requirements

  • Must be in writing and signed.
Governing Laws

West Virginia Governing Laws

W. Va. Code § 48-1-101
Marital agreements
General marital property rules.

Read the full text of these laws at Cornell Law School's West Virginia legal resources or your state legislature's official website.

Questions & Answers

West Virginia Prenuptial Agreement — Frequently Asked Questions

Will West Virginia courts enforce an alimony waiver?

Yes, if it was signed voluntarily with full financial disclosure and does not leave the spouse destitute.