What You Need to Know About Prenuptial Agreements in Washington State
A prenuptial agreement is a contract spouses enter before getting married. A prenuptial agreement outlines what happens to your assets and finances if you end up divorcing. Ultimately, Washington state determines the validity of prenuptial agreements on a case-by-case basis. Here’s everything you need to know about prenuptial agreements in Washington state.
To form a valid prenuptial agreement in Washington State, it must:
- Be in writing
- Signed by both parties and notarized
- Include a complete list of parties’ assets, liabilities, and incomes
- Include attorney signatures and a certificate acknowledging the attorney explained the agreement to the party and the party signed voluntarily
Related: 9 Steps to a Fair Prenuptial Agreement
Reasons for invalid prenuptial agreements include:
- Failing to disclose the amount, character, and property value fully
- Technical errors make the document fail to meet the state guidelines for a legal binding agreement
- The agreement was unconscionable (unfair to the party with less power or money) when executed
- The spouses signed the agreement without the opportunity for the advice of independent counsel (each party having their legal representation)
What a Washington State Prenuptial Can and Cannot Do
A prenup in Washington state can:
- Cover ownership of existing and future assets
- A requirement for one or both spouses to have life insurance
- Protect inheritance for children from previous relationships
- Protect a family business or other inherited assets
- Outline type, amount, and duration of alimony
- Property allocation if one spouse dies
Related: Should I Sign a Prenuptial Agreement? Read This
A prenup in Washington state cannot:
- Legally determine child custody and support (it can be outlined, but may be challenged)
- Do anything illegal–it can invalidate the entered document
- Create an incentive or reward for Divorce
- Ask for personal preferences (such as chores)
Contact Us
If you or a loved one would like to learn more about Prenuptial Agreements in Washington State, get your free consultation with one of our Family Law Attorneys in Washington State today!