How is a prenuptial agreement enforced?

In West Virginia, a prenuptial agreement (or “prenup”) is a legally binding contract between two people who are about to enter into a marriage. The agreement outlines how assets, debts, and other financial matters will be handled during the marriage and in the event of its dissolution (divorce). Prenuptial agreements are usually enforced by a court of law. For a prenuptial agreement to be valid and enforced by the court, the agreement must meet certain elements. First, both parties must have entered into the agreement voluntarily and without coercion. They must have also full disclosure of their assets and liabilities, and the agreement must have been fair and reasonable when it was signed. In West Virginia, prenuptial agreements are typically enforced if they were entered into and signed without any form of fraud, duress, mistake, or misrepresentation. The parties must have also had the opportunity to consult with separate legal counsel and to fully understand the terms of the agreement. If a judge determines that the prenuptial agreement should be enforced, it serves as a binding contract in the West Virginia court system. This means, for example, that the court will enforce how the parties intended to divide their assets in the event of a divorce. If one of the parties decides to challenge the agreement in court, the Court will enforce it unless a party can prove the agreement was signed under duress or fraudulent circumstances.

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How is a prenuptial agreement enforced?

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