Getting married in West Virginia? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Enforceable if voluntary, fair at signing, and with disclosure or waiver. Fraud, duress, or unconscionability can void the agreement.
- Must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is necessary.
Are prenups legal in West Virginia?
Must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is necessary.
What makes a West Virginia prenup enforceable?
Enforceable if voluntary, fair at signing, and with disclosure or waiver. Fraud, duress, or unconscionability can void the agreement.
What you can—and can’t—include
May waive property, alimony, and inheritance; child-related clauses are void.
Simple process
Provide disclosures, sign early, and consider notarization and counsel.
Next steps
Start your West Virginia prenup
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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