Can You Change a Prenup After Marriage in Washington?

The Spokane divorce lawyers at Hodgson Law Office are often asked whether prenuptial agreements can be modified after marriage. The answer is yes — but with important qualifications and considerations.

Prenuptial agreements are legally binding contracts designed to protect both spouses' interests and outline financial responsibilities if the marriage ends. However, life circumstances change, and what made sense before your wedding may need adjustment years later. Let's explore how to modify your prenuptial agreement in Washington State.

Prenuptial Agreements in Washington

Before discussing modifications, it's important to understand what makes a prenuptial agreement valid in Washington. Under Washington law, particularly RCW 26.16.030, which governs community property, a properly executed prenup must include:

• Full financial disclosure from both parties
• Voluntary agreement without coercion or pressure
• Fair and reasonable terms at the time of execution
• Proper legal form, typically with separate legal representation for each spouse

These requirements not only apply to the original agreement but also to any modifications you might make later in your marriage.

When Can You Modify a Prenuptial Agreement?

You can modify your prenuptial agreement at any time during your marriage as long as both parties agree to the changes. However, you cannot make changes during separation or divorce proceedings; by then, it's too late.

Common reasons couples modify their prenuptial agreements include:

• Financial changes: A significant inheritance, career change, or business success.
• Children: The birth or adoption of children.
• Property acquisition: Purchasing new assets or investments not covered in the original agreement.
• Changed priorities: Simply deciding that the original terms no longer reflect your wishes.

It's worth noting that prenuptial agreements do not automatically update when your financial situation changes. Even significant financial developments won't trigger automatic modifications to your agreement. You must proactively amend the document to reflect your current situation.

How to Legally Modify Your Prenuptial Agreement

Modifying a prenuptial agreement requires following specific legal steps to ensure enforceability, similar to those outlined in RCW 26.09.070 for separation contracts:

1. Mutual agreement: Both spouses must voluntarily consent to the changes. One spouse cannot unilaterally modify terms without the other's agreement.
2. Written documentation: The modification must be in writing and signed by both parties. Verbal agreements to change terms will not be legally binding.
3. Legal formalities: The same legal requirements that applied to your original prenup (disclosure, fairness, etc.) apply to modifications.
4. Separate counsel: Each spouse should have independent legal representation to avoid potential claims of coercion or lack of understanding.

Under Washington law, timing is crucial. The terms of a prenuptial agreement can only be changed before a wedding or during the marriage, not when the couple is separated or during divorce proceedings. This highlights the importance of being proactive about reviewing and updating your agreement.

The Cost of Modifying a Prenuptial Agreement

Many couples are concerned about the expense involved in amending their prenup. The cost varies depending on complexity and attorney fees. Many family law attorneys charge by the hour for prenup modifications.

Simple amendments might cost $1,000-2,000, while comprehensive revisions could be $3,000-5,000 or more. While this may seem significant, it's typically much less expensive than litigation that might result from an outdated or invalid agreement during divorce proceedings.

Consider the modification as an investment in your financial security and peace of mind. When weighed against the potential financial implications of an outdated agreement, the cost of updating your prenup is often well justified.

Can You Cancel a Prenuptial Agreement Entirely?

If you want to completely void your prenuptial agreement, you can also do so through mutual agreement. The process involves creating a new legal document that explicitly states your intention to revoke the previous agreement.

In some cases, a prenup might be invalidated by a court if it can be proven that the agreement was:

• Signed under duress or coercion
• Created without full financial disclosure
• Unconscionably one-sided or unfair when evaluated under standards similar to those in RCW 26.09.080 for equitable property division
• Improperly executed (lacking proper signatures or formalities)

Postnuptial Agreements: an Alternative Approach

If you didn't create a prenuptial agreement before marriage but now wish to establish similar protections, a postnuptial agreement might be the solution. This legal document functions similarly to a prenup but is created during marriage rather than before.

Postnuptial agreements typically define the division of property gained after marriage, so they often focus on different assets than prenuptial agreements.

Legal Requirements for Modifying a Prenup in Washington

In Washington State, prenuptial agreement modifications must adhere to specific legal standards to be enforceable. Understanding these requirements is essential before attempting to modify your agreement:

Timing Matters

The terms of a prenuptial agreement can only be changed before a wedding or throughout the marriage, not when the couple is separated or during divorce proceedings.

Legal Formality

Modifications require the same level of legal formality as the original agreement, including proper execution and notarization.

Financial Disclosures

Both parties must provide updated, complete financial information before modifying terms in accordance with principles in RCW 26.16.030 regarding community property.

Consideration

In legal terms, both parties must receive something of value in exchange for agreeing to the modification (though the consideration may be mutual promises).

Changed Circumstances

Similar to the standards in RCW 26.09.170 regarding modifications of support decrees, significant changes in circumstances may justify prenup modifications, but both parties must still agree to the changes.

Washington courts generally honor properly executed prenuptial agreements and their modifications, but they maintain the authority to review these contracts for fairness and proper execution, especially during divorce proceedings.

How Often Should You Review Your Prenuptial Agreement?

It's advisable to review your prenuptial agreement regularly to ensure it still serves its purpose and reflects your current wishes. You should consider evaluating your agreement:

• After major life events (birth of children, substantial inheritance, career changes)
• When moving to a new state with different marital property laws
• Approximately every five years as a general practice

This periodic review helps identify whether your agreement needs updates and provides an opportunity to address any new assets or changed circumstances before they become issues during a potential divorce.

Ready to Update Your Prenup?

Prenuptial agreements and their modifications are significant legal documents that can substantially impact your financial future. Whether you're looking to modify an existing prenup or create a postnuptial agreement, the experienced attorneys at Hodgson Law Office can help ensure your interests are protected.

Contact us today to schedule a consultation and learn more about your options for updating your prenuptial agreement under Washington law.