Ware v. Ware

West Virginia Supreme Court struck down a prenup where the husband listed assets generally but omitted specific values — "adequate disclosure" requires the value of property, not just a list.

Why this case matters

Ware is the leading West Virginia case on what disclosure actually requires. The decision is widely cited across UPAA jurisdictions whenever a spouse argues that a vague asset listing satisfied the statute. For drafters, the practical rule is concrete: dollar values, current statements, and recent tax returns attached to the agreement.

The facts

The Wares signed a prenup before marriage. The husband produced a list of his assets but the schedule contained only general categories — real estate, business interests, accounts — without specific values or recent appreciation figures. At divorce, the wife challenged the prenup, arguing she had not been given enough information to meaningfully assess what she was waiving.

The holding

The West Virginia Supreme Court of Appeals struck the agreement down. The court held that "fair and reasonable disclosure" under West Virginia's premarital agreement framework requires that each spouse disclose the nature AND extent of their property — meaning specific values, not just general descriptions. A list of asset categories is not enough.

What it means for you

• In West Virginia, "adequate disclosure" requires specific dollar values, not asset categories.
• A sworn financial schedule with line-item values, attached as an exhibit, is the safe approach.
• Vague disclosure ("various accounts" / "real estate holdings") is the textbook failure pattern.
• Ware is the controlling West Virginia authority on disclosure depth and is regularly cited in challenges.

Primary source

The full opinion is available at: https://law.justia.com/cases/west-virginia/supreme-court/2009/34468-3.html

West Virginia prenup law in context

West Virginia prenups are governed by W. Va. Code §§48-1A-101 to 48-1A-1001 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the West Virginia prenup cost guide.

To check whether your specific situation has the kind of risks Ware v. Ware identifies, take the 60-second prenup quiz — it applies West Virginia-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in West Virginia.