Prenuptial Agreement Laws in West Virginia

West Virginia adopted the Uniform Premarital Agreement Act in 2023 for agreements signed on or after July 1, 2023: the agreement must acknowledge that both parties could consult separate counsel, and lack of adequate financial disclosure matters if the agreement was also unconscionable.

Last checked October 2026. General information, not legal advice.

Uniform act: UPAA (W. Va. Code art. 48-1A); Adopted in 2023; applies to premarital agreements signed on or after July 1, 2023.
Financial disclosure required: Only if also unconscionable; Adequate disclosure means a reasonably accurate description and good-faith value estimate of property, debts and income, a separate signed waiver, or adequate knowledge.
Waiting or review period: No statutory waiting period; Article 48-1A sets no minimum time between receiving and signing the agreement.
Independent counsel required: No, but must acknowledge the chance to consult; The agreement must state that both parties had an opportunity to consult separate legal counsel.

Sources

Last checked October 2026

The rules in West Virginia

Has West Virginia adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in West Virginia: UPAA (W. Va. Code art. 48-1A). Adopted in 2023; applies to premarital agreements signed on or after July 1, 2023.

Does a prenuptial agreement in West Virginia require financial disclosure to be enforceable?

Only if also unconscionable. Financial disclosure required in West Virginia: only if also unconscionable. Adequate disclosure means a reasonably accurate description and good-faith value estimate of property, debts and income, a separate signed waiver, or adequate knowledge.

Is there a waiting or review period before signing a prenup in West Virginia?

Waiting or review period in West Virginia: No statutory waiting period. Article 48-1A sets no minimum time between receiving and signing the agreement.

Does West Virginia law require each party to have an independent lawyer for a prenuptial agreement?

No, but must acknowledge the chance to consult. Independent counsel required in West Virginia: no, but must acknowledge the chance to consult. The agreement must state that both parties had an opportunity to consult separate legal counsel.

Where do the West Virginia prenuptial agreement laws come from?

The rules above come from W. Va. Code 48-1A-201, W. Va. Code 48-1A-601 and W. Va. Code 48-1A-1001. Each source is linked on this page. We last checked them in October 2026.

Good to know

An agreement is also unenforceable if either party was under 18 when the marriage occurred.

For agreements signed before July 1, 2023, Ware v. Ware (2009) held that both parties must have independent counsel for the agreement to be presumed valid, and if only one party had a lawyer, the party seeking enforcement must prove validity.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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