West Virginia § 48-1A-701 Unenforceable terms

West Virginia Statutes

§ 48-1A-701 — Unenforceable terms

West Virginia § 48-1A-701

Ch. 48DOMESTIC RELATIONS

Art. 1AUNIFORM PREMARITAL AGREEMENT ACT

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Bluebook

W. Va. Code § 48-1A-701 (2026).

Text

(a)A term in a premarital agreement or marital agreement is not enforceable to the extent that it:

(1)Adversely affects a child's right to support;

(2)Limits or restricts a remedy available to a victim of domestic violence under law of this state;

(3)Purports to modify the grounds for a court-decreed separation or marital dissolution available under the law of this state; or

(4)penalizes a party for initiating a legal proceeding leading to a court-decreed separation or marital dissolution.

(b)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.

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(a) A term in a premarital agreement or marital agreement is not enforceable to the extent that it:

(1) Adversely affects a child's right to support;

(2) Limits or restricts a remedy available to a victim of domestic violence under law of this state;

(3) Purports to modify the grounds for a court-decreed separation or marital dissolution available under the law of this state; or

(4) penalizes a party for initiating a legal proceeding leading to a court-decreed separation or marital dissolution.

(b) 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.