West Virginia Prenuptial Agreement Law: Understanding the Basics
Entering into a marriage is one of the most significant decisions an individual can make. However, before tying the knot, it`s always essential to consider the financial implications of the union. This is where prenuptial agreements come in handy. A prenup is a legal agreement between two people who intend to get married. It outlines how assets and liabilities will be divided if the marriage ends in divorce.
In West Virginia, prenuptial agreements are enforceable under certain conditions. To help you understand the state`s prenup laws better, this article outlines the basics of West Virginia prenuptial agreement law.
What is a Prenuptial Agreement in West Virginia?
A prenuptial agreement is a legal document that outlines how the couple`s assets and obligations will be distributed in case of a divorce, legal separation, or death. It`s worth noting that prenups are not only for the wealthy or famous. Anyone can enter into a prenuptial agreement, regardless of their financial status.
In West Virginia, prenuptial agreements must be executed voluntarily, with full and fair disclosure of the parties` financial information. The agreement must be in writing and signed by both parties before a notary public or other authorized official. Moreover, the prenup must be reasonable and fair at the time of its execution and at the time of its enforcement.
What Can Be Included in a Prenup in West Virginia?
West Virginia law allows couples to incorporate various provisions in a prenup agreement. The most common provisions include:
1. Property division: The prenup can outline how the couple will divide their assets and liabilities in case of a divorce.
2. Spousal support: The agreement can set forth alimony or spousal support provisions in the event of divorce or separation.
3. Custody and visitation: Prenups can`t dictate child custody or visitation rights. However, it can determine how the couple will handle their children`s expenses and support.
4. Debt responsibility: A prenup can define which spouse is responsible for specific debts incurred before or during the marriage.
Is a Prenuptial Agreement Enforceable in West Virginia?
Yes, prenuptial agreements are enforceable in West Virginia. However, to enforce a prenup, the party seeking enforcement must prove that:
1. The agreement was entered into voluntarily
2. Both parties were fully informed of the agreement`s terms
3. The agreement was not unconscionable at the time of execution
4. Enforcement won`t be contrary to public policy, and
5. The agreement`s terms are not illegal
If a prenup is found to be enforceable, the court will uphold its terms and enforce them accordingly.
Final Thoughts
The West Virginia prenuptial agreement law is relatively straightforward. Still, it`s always best to consult with an experienced family law attorney when drafting and executing a prenup. An attorney can help ensure that the agreement complies with state laws and that both parties fully understand its terms and implications. With proper legal guidance, you can avoid surprises and protect your assets in case of a divorce or legal separation.