A West Virginia prenuptial agreement allows a couple to make decisions about how their assets will be handled and divided in the event of a divorce. The purpose of this contract is to lay out how property and assets will be divided in the event of a divorce.
What Are the Terms Included in a West Virginia Prenuptial Agreement?
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Education and career plans
If one spouse plans to go back to school or start a business after marriage, this clause will ensure that they have the resources they need to accomplish their goals.
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Separate or joint businesses
If you own a business together, you'll want to ensure that both parties can access their portion of the business and receive their fair share of profits. This clause will let you outline how your business should be handled in the event of a divorce.
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Social media guidelines
Social media can be a source of contention in divorce proceedings. This clause will help keep your accounts private and ensure that everything you post is professional during this difficult time.
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Pet clause
This is an important part of any prenuptial agreement if you have pets. You need to decide what happens with them if you get divorced—whether they stay with one party or are split up if there's no other option (such as adoption).
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Defining separate property
This can include an agreement to keep assets owned before marriage separate and not subject to division if the couple divorces. It may also have an agreement to establish separate accounts for each partner or define which partner is responsible for any debts or liabilities before marriage.
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Handling income earned during the marriage
This might include how much each spouse contributes toward household expenses and bills within their relationship. It may also specify how much of any increases in income earned after marriage will be divided between the couple.
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Debts and liabilities
These items can include a list of debts one partner may have accrued before meeting his future spouse, along with any financial obligations he has incurred since then (such as loans). A prenup should also detail what debts and liabilities each party is responsible for after the divorce or specify whether spousal support will be paid instead.
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Spousal support in the event of divorce
In some states, spousal support is not addressed in a prenuptial agreement. In West Virginia, however, you can include language that addresses this issue. A prenuptial agreement can stipulate that one party will pay alimony to their spouse in the event of a divorce.
Conclusion
When you choose a lawyer to help you plan your wedding, you want someone who will be there for the long haul. Someone who will help you make informed decisions and guide you through the process. With Contract Counsel 's lawyers, you can rest assured that your prenuptial agreement will be both legally binding and emotionally satisfying.
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Meet some of our West Virginia Prenuptial Agreement Lawyers
Morgan S.
Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.
January 18, 2023
Dayton M.
Business Law - Criminal Defense - Immigration
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Michael S.
I began my career at "big law" firms, worked in-house for 14 years, and now have my own practice, providing big law quality at small firm rates. My practice focuses on strategic and commercial transactions, including M&A, preferred stock and common stock offerings, asset purchases and sales, joint ventures and strategic partnerships, stock option plans, master services agreements and SOWs, software development and license agreements, SaaS agreements, NDAs, employment and consulting agreements. I also manage corporate governance, advise boards and executives, and act as outside general counsel. I represent clients across the country and around the world.
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
April 14, 2023
Sonya A.
Experienced Attorney with a demonstrated history of working in the law practice industry. Skilled in Preparation of Wills, Trial Practice, Estate Administration, Trusts, and Estate Planning. Strong legal professional with a Juris Doctorate focused in Law from Howard University School of Law.
April 14, 2023
Karen M.
Karen V. Mills is the founding member of the woman-owned boutique law firm Mills Law, LLC, based in Atlanta, Georgia, specializing in contracts, corporate transactional and business law.
April 17, 2023
Andrew M.
Business Venture Law: Andrew Moore, Esq. focuses on solving modern business problems with common sense at affordable rates.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
New York
Prenup
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West Virginia Prenuptial Agreement lawyers by city
ContractsCounsel User
Draft Prenup
Location: Florida
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 8
Bid Range: $800 - $1,500
ContractsCounsel User