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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - West Virginia Code Chapter 48. Domestic Relations § 48-1A-701. Unenforceable terms - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-1a-701/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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