Getting married is one of the most meaningful decisions you will ever make, and it is only natural to want to protect both yourself and your future spouse as you build a life together. A prenuptial agreement — often called a "prenup" — is a legal contract signed before marriage that outlines how assets, debts, and financial matters will be handled if the marriage ends. While a prenup can be a thoughtful and practical tool, not every agreement will hold up in court. Understanding what can make a prenuptial agreement invalid is essential for anyone who wants theirs to actually work when it matters most.
If you are considering a prenuptial agreement and want to make sure it is done right, do not wait — contact us today through our online contact form or call us at (304) 867-0049 to speak with a member of our team.
What Is a Prenuptial Agreement and Why Does Enforceability Matter?
A prenuptial agreement is a written contract between two people who plan to marry. It typically addresses things like property ownership, spousal support (also called alimony), and how debts will be divided. When properly prepared, a prenup gives both parties clarity and peace of mind.
Enforceability refers to whether a court will actually honor and uphold the agreement if it is ever challenged. An unenforceable prenup is essentially a document that provides no legal protection at all. If a prenup is thrown out by a court, the couple's assets and finances will typically be divided according to West Virginia's default family law rules, which may not reflect what either person originally intended.
Common Reasons a Prenuptial Agreement May Be Unenforceable
There are several ways a prenuptial agreement can be invalidated. Courts look closely at the circumstances surrounding the agreement and the content within it. Below are the most common issues that can cause a prenup to fail.
It Was Not in Writing and Properly Signed
West Virginia law requires a prenuptial agreement to be in writing and signed by both parties. A verbal agreement — no matter how clearly both people remember the conversation — will not be recognized as a valid prenup. Both signatures must also be made voluntarily, without any form of pressure or manipulation.
It Was Signed Too Close to the Wedding
Timing matters more than many people realize. If one person is handed a prenup the night before the wedding — or even just a few days before — a court may question whether they had a fair opportunity to review it. The pressure of an upcoming ceremony can make it very difficult for someone to freely and fully consent to the terms. Allowing adequate time for both parties to read, ask questions, and consult an attorney is essential to a valid agreement.
There Was No Independent Legal Advice
While it is not always legally required for both parties to have their own attorney, it is strongly advisable. If one person did not have the opportunity to consult with their own lawyer before signing, a court may find the agreement was signed without a full understanding of its consequences. This is one of the most common arguments made when a prenup is challenged.
One Party Was Not Honest About Their Finances
Full financial disclosure is a cornerstone of any enforceable prenuptial agreement. Both parties must honestly and completely share information about their income, assets, and debts before signing. If one person hid significant assets, undervalued property, or otherwise misrepresented their financial situation, the entire agreement can be thrown out — even if the rest of it was prepared perfectly.
The Agreement Contains Unfair or Illegal Terms
Courts will not enforce a prenuptial agreement that contains terms that are grossly one-sided or that violate the law. For example, a prenup cannot include provisions that attempt to limit child support or predetermine child custody arrangements. Those decisions are always made in the best interests of the child at the time of a divorce, and no prior agreement can override that standard.
A prenup can also be invalidated if it appears so unfair to one party that enforcing it would be unconscionable — meaning shockingly unjust by legal standards. This does not mean both people need to walk away with equal shares, but there are limits to what a court will allow.
Key Terms That Cannot Be Included in a Prenuptial Agreement
It is helpful to understand what a prenup simply cannot do, regardless of how carefully it is written. Here are some provisions that West Virginia courts will not enforce:
- Any terms that attempt to determine child custody or limit child support payments
- Clauses that encourage or incentivize divorce
- Provisions that waive a spouse's right to basic financial support in a way that would leave them reliant on public assistance
- Any terms that are based on illegal activity
- Provisions that violate public policy, such as attempting to penalize a spouse for seeking a divorce
These restrictions exist to protect both parties and to ensure the agreement serves a legitimate purpose. Even a well-intentioned prenup can run into trouble if it ventures into these areas.
Signs That a Prenup May Be Challenged Successfully
Even if a prenuptial agreement was properly signed and disclosed, there are circumstances that can lead to a successful challenge later. Understanding these warning signs ahead of time allows couples to address them before they become problems.
Here are some of the most common factors that can lead to a prenup being challenged:
- One party signed under duress — meaning they felt forced, threatened, or pressured into agreeing
- The agreement was presented so close to the wedding that there was little meaningful time to review it
- One or both parties did not fully understand what they were agreeing to
- There was a significant power imbalance, such as one party having far more legal or financial knowledge than the other
- The agreement was handwritten, incomplete, or missing required signatures
Knowing these red flags is not meant to discourage couples from pursuing a prenup — it is meant to help them pursue one the right way. A well-prepared agreement, reviewed by attorneys on both sides, is far more likely to hold up if it is ever contested.
How West Virginia Law Approaches Prenuptial Agreements
West Virginia follows the Uniform Premarital Agreement Act, which provides a framework for what makes a prenuptial agreement valid and enforceable. Under this framework, an agreement can be challenged if it was not signed voluntarily or if it was unconscionable at the time of signing, and the person challenging it was not given fair and reasonable financial disclosure beforehand.
Understanding this legal standard is important because it means that both the process of creating the agreement and the content within it must hold up to scrutiny. It is not enough to simply have both signatures on a piece of paper. The agreement must reflect a fair, informed, and voluntary decision by both parties.
What to Do If You Are Concerned About Your Prenuptial Agreement
If you already have a prenuptial agreement and you are wondering whether it would hold up in court, or if you are in the process of creating one and want to make sure it is done properly, speaking with an attorney is the most important step you can take. An experienced family law attorney can review the terms, flag potential problems, and help you understand what changes — if any — might be needed.
It is also worth noting that prenups can sometimes be amended after marriage through what is called a postnuptial agreement. So even if an existing agreement has issues, there may still be options to address them.
Talk to a Martinsburg Family Law Attorney About Your Prenuptial Agreement
Protecting your future does not have to feel complicated or impersonal. At Sutton & Janelle, PLLC, we take the time to understand your situation and walk you through your options clearly — so you can make decisions with confidence. Whether you are drafting a new prenuptial agreement, reviewing an existing one, or navigating a question about its enforceability, our team is here to help.
To speak with a Martinsburg family law attorney, call us at (304) 867-0049 or reach out through our online contact form. We would be honored to stand by your side.