PRENUPTIAL AGREEMENT
(State of West Virginia – Comprehensive Template)
[// GUIDANCE: This template is drafted to comply with the West Virginia Uniform Premarital Agreement Act (“WVUPAA”) and current family-law best practices. Bracketed text must be customized. Comments in this format should be deleted prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Classification of Property
3.2 Management & Control of Separate Property
3.3 Treatment of Income & Appreciation
3.4 Spousal Support
3.5 Death of a Party - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notary Acknowledgment
1. DOCUMENT HEADER
PRENUPTIAL (PREMARITAL) AGREEMENT
This Prenuptial (Premarital) Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).
WHEREAS:
A. The Parties contemplate legal marriage to one another on or about [PLANNED MARRIAGE DATE] in [COUNTY], West Virginia, and desire to establish their respective rights and obligations regarding property, debts, income, and support both during the marriage and upon its termination by death, divorce, or other circumstances;
B. The Parties have made a full, fair, and reasonable disclosure to one another of their assets, liabilities, and income, copies of which are attached as Schedule 1-A (Party A Disclosure) and Schedule 1-B (Party B Disclosure);
C. The Parties enter into this Agreement voluntarily, free of duress, undue influence, or fraud, and each acknowledges the opportunity to consult independent legal counsel of their own choosing prior to execution; and
D. The Parties intend that this Agreement be enforceable pursuant to the WVUPAA and other applicable West Virginia law.
NOW, THEREFORE, in consideration of the mutual covenants herein and the contemplated marriage, and intending to be legally bound, the Parties hereby agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Capitalized terms used but not defined shall have their ordinary legal meaning.
“Agreement” – This Prenuptial Agreement, including all schedules and any amendments.
“Appreciation” – Any increase in value of property, whether realized or unrealized, including dividends, interest, rents, royalties, and capital gains.
“Marital Property” – All property the Parties expressly designate as Marital Property in Section 3.1(c) or that would otherwise be characterized as marital property under West Virginia law and not validly classified herein as Separate Property.
“Premarital Debt” – Any debt, obligation, or liability incurred by a Party prior to the Effective Date, including interest thereon.
“Separate Property” – (i) property owned solely by a Party before the marriage; (ii) property acquired after the marriage by gift or inheritance to one Party alone; (iii) property traceable to, or exchanged for, such property; and (iv) Appreciation thereon, except as expressly provided otherwise herein.
“Spousal Support” – Periodic or lump-sum maintenance/alimony payments ordered upon separation or divorce.
3. OPERATIVE PROVISIONS
3.1 Classification of Property
a. Separate Property. Except as expressly provided otherwise, all Separate Property shall remain the sole and exclusive property of the owning Party, free of any claim by the other Party.
b. Prenuptial Debt. Each Party shall be solely responsible for, and shall indemnify and hold the other harmless from, all Premarital Debt of such Party.
c. Marital Property Designations. The Parties designate the following as Marital Property, regardless of title:
i. The marital residence to be acquired at [ADDRESS / “TBD”];
ii. Joint banking or investment accounts expressly titled in both Parties’ names; and
iii. Any property the Parties subsequently agree in a signed writing to classify as Marital Property.
3.2 Management & Control of Separate Property
Each Party shall have the absolute right, during lifetime and at death, to manage, encumber, transfer, or dispose of his or her Separate Property without the joinder or consent of the other Party, except to the extent such disposition would defeat specific obligations under this Agreement.
3.3 Treatment of Income & Appreciation
Unless the Parties elect otherwise in a subsequent written instrument:
a. Income and Appreciation derived from a Party’s Separate Property shall remain such Party’s Separate Property;
b. Contributions of personal effort by the non-owning Party that directly and substantially increase the value of Separate Property shall entitle the contributing Party to reimbursement of the reasonable value of services rendered, but shall not convert the underlying asset to Marital Property.
3.4 Spousal Support
a. Waiver. Each Party knowingly and voluntarily waives any right to Spousal Support upon separation or divorce, except as provided in subsection (b).
b. Exception for Unconscionability. If, at the time of enforcement, a complete waiver would render the economically-disadvantaged Party a public charge or would otherwise be unconscionable under prevailing law, a court of competent jurisdiction may award such limited support as necessary to avoid an unconscionable result.
[// GUIDANCE: WV courts will not enforce a support waiver that leaves a spouse in unreasonable financial distress.]
3.5 Death of a Party
a. Elective-Share Waiver. Each Party waives all statutory elective-share, dower, curtesy, homestead, and similar rights in the other’s estate, except as provided by such Party’s last will and testament or trust instruments.
b. Life Insurance. Each Party shall maintain, at his or her sole cost, a life-insurance policy naming the other Party as beneficiary in the minimum face amount of [INSERT] until the earliest of (i) dissolution of marriage, (ii) mutual written agreement, or (iii) death of either Party.
4. REPRESENTATIONS & WARRANTIES
4.1 Full Disclosure. Each Party represents and warrants that:
a. The financial disclosures attached hereto are true, complete, and materially accurate; and
b. No material assets or liabilities have been concealed or undervalued.
4.2 Voluntariness & Independent Counsel. Each Party:
a. Has entered into this Agreement voluntarily and without coercion;
b. Has had adequate time to review this Agreement; and
c. Has been advised of the right to, and either has in fact, or knowingly waives the right to, retain independent legal counsel.
4.3 Reliance. Each Party acknowledges reliance on the truth of the other Party’s representations and warranties herein and in the attached disclosures.
4.4 Survival. The representations and warranties shall survive the execution and continue in effect through enforcement.
5. COVENANTS & RESTRICTIONS
5.1 Good-Faith Performance. The Parties shall at all times act in good faith to effectuate the purposes of this Agreement.
5.2 Non-Commingling. Each Party shall take reasonable measures (e.g., separate accounts, separate titling) to avoid inadvertent commingling that could alter the agreed classification of property.
5.3 Notice & Cure. A Party alleging breach shall provide written notice detailing the nature of the breach and shall afford the breaching Party a [30]-day cure period, except where such breach cannot be cured by monetary payment or where urgent equitable relief is necessary.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults:
a. Failure to honor classification of property or waiver provisions;
b. Misrepresentation of material facts in the financial disclosures;
c. Violation of covenants set forth in Section 5.
6.2 Remedies. Upon default and expiration of any applicable cure period, the non-defaulting Party may pursue any and all remedies available at law or in equity, including:
a. Specific performance or injunctive relief;
b. Damages, including reasonable attorneys’ fees and costs; and
c. Any additional relief a court of competent jurisdiction deems just and proper.
6.3 Graduated Remedies. Monetary damages shall be sought prior to equitable remedies when adequate to cure the default, provided that irreparable harm is not imminent.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party (“Indemnified Party”) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Indemnifying Party’s:
a. Premarital Debt;
b. Intentional misrepresentation or concealment of assets or liabilities; or
c. Breach of this Agreement.
7.2 Liability Cap
The Indemnifying Party’s aggregate liability under Section 7.1 shall not exceed the greater of:
a. The total value of the Indemnifying Party’s Separate Property at the time of enforcement; or
b. [INSERT DOLLAR AMOUNT] USD.
[// GUIDANCE: Liability caps in family agreements are uncommon and should be tailored case-by-case. Confirm client objectives.]
7.3 Force Majeure
Neither Party shall be liable for failure to perform obligations (excluding payment obligations and confidentiality) where such failure results from events beyond the Party’s reasonable control, including acts of God, war, terrorism, or governmental action, provided the affected Party gives prompt written notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the domestic-relations laws of the State of West Virginia, without regard to conflict-of-laws principles.
8.2 Forum Selection. Subject to Section 8.3, the Family Court of [INSERT COUNTY], West Virginia, shall have exclusive jurisdiction over any action to enforce or interpret this Agreement.
8.3 Alternative Dispute Resolution (ADR).
a. Mediation. Prior to initiating litigation, the Parties shall in good faith participate in at least one (1) session of mediation with a mutually agreed mediator specializing in family-law matters.
b. Limited Arbitration. If mediation fails, property-classification disputes only may, by mutual written consent, be submitted to binding arbitration under the West Virginia Uniform Arbitration Act; spousal-support or child-related issues shall remain within the exclusive jurisdiction of the Family Court.
c. Injunctive Relief. Notwithstanding the foregoing, a Party may seek temporary or preliminary equitable relief (including specific performance) from the Family Court at any time.
8.4 Jury Waiver. Jury trial is unavailable in West Virginia family courts; to the extent a jury could otherwise be convened, each Party knowingly waives the right thereto.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. This Agreement may be amended or waived only by a written instrument signed by both Parties and notarized. A waiver of any provision on one occasion shall not constitute a waiver on any other occasion.
9.2 Assignment. The rights and obligations of the Parties are personal and may not be assigned, delegated, or otherwise transferred, voluntarily or by operation of law, without the prior written consent of the other Party.
9.3 Successors & Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, personal representatives, successors, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, such provision shall be reformed to the minimum extent necessary to render it valid, and the remaining provisions shall remain in full force and effect.
9.5 Entire Agreement. This Agreement, together with its schedules, constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, PDF, or reliable electronic means shall be deemed original for all purposes.
10. EXECUTION BLOCK & NOTARY ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the Effective Date.
| PARTY A | PARTY B |
|---|---|
| _________ | _________ |
| Signature | Signature |
| [PRINT NAME] | [PRINT NAME] |
Date: ___ | Date: ___
NOTARY PUBLIC – STATE OF WEST VIRGINIA
State of West Virginia )
County of ___ ) ss:
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: _______
Schedule 1-A – Party A Financial Disclosure
[Attach detailed balance sheet: assets, liabilities, income.]
Schedule 1-B – Party B Financial Disclosure
[Attach detailed balance sheet: assets, liabilities, income.]
[// GUIDANCE: Attach schedules in sufficient detail (account numbers redacted if desired) to demonstrate full and fair disclosure, a critical element of enforceability under WV law.]