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Current as of January 01, 2024 | Updated by Findlaw Staff
In cases where the parties to an action commenced under the provisions of this chapter have executed a separation agreement, then the court shall divide the marital property in accordance with the terms of the agreement, unless the court finds:
(1) That the agreement was obtained by fraud, duress or other unconscionable conduct by one of the parties; or
(2) That the parties, in the separation agreement, have not expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings; or
(3) That the agreement, viewed in the context of the actual contributions of the respective parties to the net value of the marital property of the parties, is so inequitable as to defeat the purposes of this section, and such agreement was inequitable at the time the same was executed.
Cite this article: FindLaw.com - West Virginia Code Chapter 48. Domestic Relations § 48-7-102. Division of marital property in accordance with a separation agreement - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-7-102/
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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