W. Va. Code § 48-1A-701 – Unenforceable terms.

(a) A term in a premarital agreement or marital agreement is not enforceable to the extent that it:
1. (1) Adversely affects a child's right to support;
2. (2) Limits or restricts a remedy available to a victim of domestic violence under law of this state;
3. (3) Purports to modify the grounds for a court-decreed separation or marital dissolution available under the law of this state; or
4. (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.