A West Virginia prenuptial agreement is a written contract that two people sign before they marry, and it takes effect on the day the marriage happens.[4] It sets out the rights each spouse will have in assets and debt, whether spousal support will be paid, and what happens to those assets on separation, divorce, or death.[3]
State law caps what the contract can settle. It cannot cut a child's right to support, and any term deciding custody is not binding on the family court.[7] For the rules that apply in every state, see our general prenuptial agreement guide.
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West Virginia prenuptial agreements are governed by the Uniform Premarital Agreement Act, set out in Chapter 48, Article 1A of the W. Va. Code. The Act defines a premarital agreement as a contract between prospective spouses made in contemplation of marriage and effective upon marriage.[1] It states the formalities that make the contract valid, lists what the couple may settle in it, and gives a judge grounds to refuse a term.[2][3][6]
West Virginia law calls this document a premarital agreement. You may also see it called a prenuptial agreement, a prenup, or an antenuptial contract. All four names describe the same contract.
Three things make a West Virginia premarital agreement valid. It must be in writing, both parties must sign it, and it must contain an acknowledgement that both have had an opportunity to consult with separate legal counsel.[2] No money or exchange of value is needed, because the agreement is enforceable without consideration.[2]
A premarital agreement must be in writing and signed by both parties and contain an acknowledgement that both parties have had an opportunity to consult with separate legal counsel. It is enforceable without consideration.
Notarization is not required by statute, though many couples still have the signatures notarized and keep a signed copy with their other estate papers.
Adequate financial disclosure is what keeps a one-sided agreement enforceable. Under Section 48-1A-601 of the W. Va. Code, a party has adequate disclosure after receiving a reasonably accurate description and good-faith estimate of value of the property, liabilities, and income of the other party.[6]
A party may waive that disclosure instead, but the waiver has to be express and set out in a separate signed record. Adequate knowledge of the other party's property or financial obligations, or a reasonable basis for having it, also satisfies the rule.[6]
After the wedding, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.[5] A spoken promise to drop a term does not change the contract.
The amended agreement, or the revocation, is enforceable without consideration, so neither spouse has to pay the other anything for the change to hold.[5] Couples who want fresh terms after the marriage has begun often sign a postnuptial agreement instead.
Any statute of limitations on a claim under a premarital agreement is tolled during the marriage of the parties, so the clock does not run while the couple is still married.[9] Equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.[9]
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.[8]
A West Virginia prenup can settle almost any financial matter the couple chooses, as long as the term does not violate public policy or a statute imposing a criminal penalty. Section 48-1A-301 of the W. Va. Code lists the subjects by name, from ownership of property acquired anywhere at any time to which law governs the agreement. Couples may also add other personal rights and obligations of their own.[3]
Couples who own a business, carry premarital debt, or have children from an earlier relationship use these provisions most. A family business can stay with the spouse who built it, and a full schedule of assets protects the interests each partner brings in.
Some terms have no force in West Virginia no matter what the couple agrees. A prenup cannot adversely affect a child's right to support, and a term that defines custodial responsibility carries no binding force. The Act also strips force from terms that cut into a domestic violence remedy, rewrite the grounds for a court-decreed separation, or punish a spouse for filing the case.[3][7]
Waiving spousal support has a floor. If the waiver leaves one spouse eligible for public assistance at the time of separation or dissolution, the family court may require the other party to provide support to the extent necessary to avoid that eligibility.[6]
A West Virginia family court will not enforce a premarital agreement against a party who proves that the party did not execute the agreement voluntarily. Enforcement also fails if either party was under the age of 18 when the marriage occurred. A third ground applies when the agreement was unconscionable at signing and the challenging party was kept in the dark about the other side's finances.[6]
The issues of unconscionability and substantial hardship are decided by the family court as a matter of law.[6] West Virginia courts also refuse to enforce a prenuptial agreement when one party defrauded or misled the other, which is why an honest schedule of assets matters more than clever drafting.
Yes, as a starting point. West Virginia is not a community property state, but its divorce law starts from an equal split: the court divides the marital property equally, except where the statute allows a different division.[10] A prenuptial agreement is how couples replace that default with their own rules on property, debt, and spousal support.
Because a judge weighs many factors, each case turns on its own facts and neither spouse can predict the outcome in advance. Settling the division in the contract is the main reason couples in West Virginia sign a prenup, and it is how each partner protects the business, savings, and family assets they bring in.
Getting a prenup in West Virginia takes four steps. Each party lists assets, debts, and income. The couple settles the terms. Each party gets a real opportunity to have an attorney review the draft, and both then sign the written contract before the wedding.[2] Most of the work is the disclosure, not the drafting.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current West Virginia law. It is general information, not legal advice, so have an attorney review the finished agreement. If you notice an error or outdated information, please contact us.
Unless noted otherwise, the sources below are from the W. Va. Code.