West Virginia Code § 48-1A-701

Unenforceable terms
Open in Lexace · Ask the AI about this section
(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. a
(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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.