West Virginia Prenuptial Agreement Laws: The 2023 Act Explained

Prenuptial agreements can be enforced in West Virginia, and agreements signed since mid-2023 are governed by a dedicated statute. Article 1A of Chapter 48 of the West Virginia Code, enacted through House Bill 2509 in the 2023 Regular Session, applies to premarital agreements signed on or after July 1, 2023 (W. Va. Code § 48-1A-1001(b)). Under § 48-1A-201, the agreement must be in writing, signed by both parties, and contain an acknowledgement that both had an opportunity to consult separate legal counsel.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital agreements under Article 1A of Chapter 48 of the West Virginia Code (§§ 48-1A-101 through 48-1A-1101) and West Virginia's marital property division rule (§ 48-7-101). It does not cover how courts treat agreements signed before July 1, 2023, the enforceability of postnuptial agreements, tax or estate planning, or other states' law. This page is general information, not a template or drafting guide.

Which law governs a West Virginia prenup?

For agreements signed on or after July 1, 2023, Article 1A of Chapter 48 governs. Section 48-1A-1001(b) provides: "This article applies to premarital agreements signed on or after July 1, 2023." The article's sections run from § 48-1A-101 (definitions) through § 48-1A-1101, which names it the "Uniform Premarital Agreement Act."

Agreements signed before that date fall outside Article 1A. Before the article existed, the West Virginia Supreme Court addressed prenuptial agreements in Gant v. Gant, 174 W. Va. 740, 329 S.E.2d 106 (1985), holding that agreements establishing property settlements and support obligations at divorce are presumptively valid and that the burden of showing invalidity is on the person challenging the agreement. This page does not cover how courts apply Gant or other case law to agreements signed before July 1, 2023; a lawyer licensed in West Virginia can advise on an older agreement. West Virginia's general statute of frauds, § 55-1-1(e), also bars an action upon any agreement made upon consideration of marriage unless the agreement, or a memorandum of it, is in writing and signed by the party to be charged.

Formal requirements

Section 48-1A-201 sets the formalities:

"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."

That section does not mention notarization or witnesses. Under § 48-1A-401, "A premarital agreement becomes effective upon marriage."

Lawyers and timing. Article 1A requires the written acknowledgement of an opportunity to consult separate counsel, but none of its sections requires each party to actually have a lawyer, and none sets a waiting period between receiving the agreement and signing it. Whether a party signed voluntarily is a separate enforcement question under § 48-1A-601(a).

What a prenup can cover in West Virginia

Section 48-1A-301(a) lists the subjects an agreement may address, including:

• property rights, and the management and disposition of property on separation, dissolution or death;
• modification or elimination of spousal support;
• wills and trusts;
• life insurance death benefits;
• choice of law; and
• any other matter that does not violate public policy or a statute imposing a criminal penalty.

What a prenup cannot do

Child support. Section 48-1A-301(b) provides: "The right of a child to support may not be adversely affected by premarital agreement."

Other unenforceable terms. Under § 48-1A-701, a term is not enforceable to the extent it adversely affects a child's right to support, limits remedies available to a victim of domestic violence, purports to modify the grounds for separation or dissolution, or penalizes a party for initiating a separation or dissolution proceeding.

Custody. The same section provides: "A term in a premarital agreement or marital agreement which defines the rights or duties of the parties regarding custodial responsibility is not binding on the court."

When a West Virginia prenup is not enforceable

Section 48-1A-601(a) provides that a premarital agreement "is not enforceable if the party against whom enforcement is sought proves that" any one of three things is true:

1. that party did not execute the agreement voluntarily;
2. either party was under the age of 18 when the marriage occurred; or
3. the agreement was unconscionable when it was executed and, before execution, that party did not receive adequate financial disclosure, did not voluntarily and expressly waive disclosure in writing, and did not have, or reasonably could not have had, adequate knowledge of the other party's property or financial obligations.

Separately, § 48-1-203, whose definition of a prenuptial agreement Article 1A incorporates (§ 48-1A-101(a)), provides: "A prenuptial agreement is void if at the time it is made either of the parties is a minor." That rule looks to age when the agreement is made, while § 48-1A-601(a)(2) looks to age when the marriage occurred.

The burden is on the party resisting enforcement. The third ground is conjunctive: unconscionability alone is not enough under § 48-1A-601(a)(3), and neither is a lack of disclosure alone.

What counts as adequate disclosure. Under § 48-1A-601(b), a party has adequate financial disclosure if the party receives a reasonably accurate description and good-faith estimate of the value of property, liabilities and income; expressly waives disclosure in a separate signed record; or has adequate knowledge, or a reasonable basis for adequate knowledge.

Unconscionable terms and hardship. Under § 48-1A-601(d) and (e), the court may refuse to enforce a term that was unconscionable when the agreement was signed, or whose enforcement would cause substantial hardship because of a material change in circumstances after signing. The family court decides these questions as a matter of law.

Spousal support waivers

An agreement may modify or eliminate spousal support (§ 48-1A-301(a)), but with a limit. Under § 48-1A-601(c), if modifying or eliminating spousal support causes one party to be 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. For how West Virginia courts set spousal support, see West Virginia alimony laws.

Changing or revoking a prenup

Section 48-1A-501 provides: "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." The amendment or revocation is enforceable without consideration.

Time limits and void marriages

Under § 48-1A-901, "Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement." Equitable defenses such as laches and estoppel remain available.

If the marriage turns out to be void, § 48-1A-801 provides that the agreement is enforceable only to the extent necessary to avoid an inequitable result.

Postnuptial agreements

Article 1A's definitions cover premarital agreements and property (§ 48-1A-101), although § 48-1A-701 refers to terms in a "premarital agreement or marital agreement" when it limits what an agreement can do. This page does not cover whether or how West Virginia courts enforce agreements made after the wedding; a lawyer licensed in West Virginia can address a specific postnuptial agreement.

West Virginia's property rule without a prenup

Without an agreement, § 48-7-101 provides that, "Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties." For how divorce works in the state, see West Virginia divorce laws.

A lawyer licensed in West Virginia can draft or review a premarital agreement.

Disclaimer: This article provides general legal information about premarital agreements under Article 1A of Chapter 48 of the West Virginia Code, verified on 2026-10-10. It is not legal advice and is not a template. For advice about a specific agreement, consult a lawyer licensed in West Virginia.

Related

• Prenuptial agreement laws in every state
• West Virginia divorce laws
• West Virginia alimony laws
• West Virginia child support laws

Last updated: 2026-10-10.

Frequently Asked Questions

Are prenups enforceable in West Virginia?

Yes, subject to the limits in Article 1A of Chapter 48. An agreement signed on or after July 1, 2023 is not enforceable if the challenging party proves one of the grounds in § 48-1A-601(a), such as involuntary execution, and individual terms can fail under §§ 48-1A-601 and 48-1A-701.

Does a West Virginia prenup have to be notarized?

Section 48-1A-201 requires a writing signed by both parties with an acknowledgement that both had an opportunity to consult separate legal counsel. That section does not mention notarization or witnesses.

Do both people need a lawyer for a prenup in West Virginia?

Article 1A does not require each party to have a lawyer. Section 48-1A-201 requires the agreement to acknowledge that both parties had an opportunity to consult separate legal counsel.

Can a West Virginia prenup waive alimony?

An agreement may modify or eliminate spousal support under § 48-1A-301(a), but under § 48-1A-601(c) the family court may require support to the extent necessary to keep a spouse from becoming eligible for public assistance.

Can a prenup decide child support or custody in West Virginia?

No. A child's right to support may not be adversely affected (§ 48-1A-301(b)), and terms on custodial responsibility are not binding on the court (§ 48-1A-701).

Does the 2023 prenup law apply to older agreements?

Section 48-1A-1001(b) says Article 1A applies to premarital agreements signed on or after July 1, 2023. A lawyer licensed in West Virginia can advise on an agreement signed earlier.