Prenuptial Agreements in Washington: Protection, Costs & Requirements

A prenuptial agreement (also called a prenup or premarital agreement) is a legally binding contract created before marriage that establishes how assets, debts, and financial responsibilities will be handled during marriage and divided if the marriage ends through divorce or death. Premarital agreements are typically drawn up by a prenuptial agreement attorney before marriage and detail how a couple will divide their existing and future assets and debts in the event of a divorce.

Prenups are permitted in every state of the United States; however, the laws vary from jurisdiction to jurisdiction. But how do prenuptial agreements work in Washington? In Washington state, there is no statute on the books that governs prenuptial agreements. Instead, Washington courts utilize principles of contract law to resolve issues that arise.

How to Protect Assets with a Prenuptial Agreement in Washington

To effectively protect your assets with a prenuptial agreement in Washington, you must ensure the agreement is well-drafted, comprehensive, and legally sound. Washington courts evaluate prenups using principles established in the landmark case In re Marriage of Matson (1986), which outlines key validity requirements:

• Full disclosure of assets: All financial interests must be disclosed before signing.
• Voluntary agreement: No coercion or undue pressure is permitted.
• Independent legal counsel: Both parties should have separate attorneys.

If you don’t adhere to these requirements, your prenuptial agreement may be deemed unenforceable when you need it most. Beyond basic validity, a truly protective prenup should specifically address the following:

• Pre-marital assets and how they'll remain separate property
• Treatment of future earnings and acquisitions
• Handling of inheritance and gifts
• Business ownership considerations
• Retirement accounts and investments

Under RCW 26.09.080 and RCW 26.16.120, Washington courts recognize a couple's right to determine property disposition through agreements, but these must meet strict standards of fairness and disclosure.

Who Should Consider a Prenuptial Agreement?

Prenuptial agreements aren't just for the wealthy. Several other factors make prenups beneficial for any couple:

Previous Marriage

Spouses who have been married before often benefit from prenuptial agreements, especially when they've experienced challenging divorces and want to protect themselves from similar situations.

Children from Prior Relationships

When one or both spouses have children from previous relationships, a prenup can help protect those children's inheritances and financial interests.

Significant Asset Disparity

A substantial difference in wealth or income between spouses often makes a prenuptial agreement advisable to clarify financial expectations and protections.

Business Ownership

Entrepreneurs and business owners should consider prenups to shield their business assets from divorce proceedings and protect business partners' interests.

Debt Concerns

If one spouse brings significant debt to the marriage, a prenup can establish boundaries regarding responsibility for that debt.

Privacy Considerations

Couples who value privacy can include confidentiality provisions in their prenuptial agreements to keep details of their finances and potential divorce out of public records.

What Is the Purpose of a Prenup?

Prenuptial agreements serve multiple important purposes in Washington marriages:

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Protection of Personal Assets

A primary function of prenups is to designate certain assets as separate property, ensuring they remain with their original owner in case of divorce. This is particularly important in Washington's community property system, where marital assets are typically divided equally.

Clarifying Debt Responsibility

Prenuptial agreements can specify which spouse is responsible for particular debts, providing important protection if one partner has significant financial liabilities.

Safeguarding Business Ventures

For business owners, a prenup can ensure business assets remain separate from marital property, protecting both your interests and those of any business partners.

Streamlining Potential Divorce Proceedings

By establishing asset division in advance, prenups can significantly reduce the time, cost, and emotional strain of divorce proceedings.

Protecting Future Assets

A well-drafted prenup can also address assets not yet acquired, including:

• Future business interests
• Expected inheritances
• Anticipated income growth
• Property appreciation

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How Much Does a Prenup Cost in Washington?

The cost of creating a prenuptial agreement in Washington varies based on several factors:

Most Washington attorneys offer prenuptial agreements for a flat fee, though complex situations may require hourly billing. Additional factors affecting cost include:

• Timeline urgency
• Number of revisions needed
• Specialized experience required (business valuation, international assets)
• Need for asset valuation services

While these costs may seem significant, a properly drafted prenuptial agreement can save tens of thousands in potential litigation costs and protect assets worth much more than the initial investment.

Limitations of Washington Prenuptial Agreements

While prenuptial agreements are powerful tools, they have important limitations you should understand:

Child-Related Issues

Washington courts will not enforce prenup provisions related to child custody or child support. These matters are determined based on the best interests of the child at the time of divorce, not by prior agreement.

Generic Templates Are Insufficient

Online prenup templates rarely address Washington's specific legal requirements. A generic prenup without professional review significantly increases the risk of it being declared invalid.

Sunset Clauses

Some prenups include "sunset clauses" that cause the agreement to expire after a certain period. While this can address concerns about fairness, it also means the protections eventually disappear.

Alimony Provisions

While prenups can include spousal maintenance (alimony) terms, courts may still scrutinize these provisions if financial circumstances change dramatically during the marriage.

Unconscionable Terms

Courts may invalidate prenuptial agreements that are extremely unfair or one-sided, especially if full disclosure wasn't provided.

Making a Valid Prenup in Washington

Creating an enforceable prenuptial agreement in Washington requires careful attention to both procedural and substantive fairness. Here are the essential steps:

1. Prioritize early planning: Begin the process well before your wedding date (ideally 3-6 months).
2. Ensure full financial disclosure: Both parties must completely disclose their assets, debts, and financial situations.
3. Obtain separate legal representation: Each party should have an attorney.
4. Use clear, specific language: The agreement should be written in straightforward, unambiguous terms.
5. Create fair and reasonable terms: Extremely one-sided agreements are more likely to be challenged.
6. Follow proper execution rules: The document must be signed voluntarily by both parties.

Washington courts assess prenuptial agreements using a two-pronged approach:

• Procedural fairness: Was the agreement properly executed, with full disclosure and without duress?
• Substantive fairness: Are the terms of the agreement reasonably fair to both parties?

Prenups in Washington Divorce: Effect and Enforcement

When divorce occurs, a prenuptial agreement can significantly impact proceedings by:

• Simplifying asset division: Clearly designated, separate property typically remains with the specified owner.
• Streamlining negotiations: Many financial matters are pre-determined, reducing conflict.
• Potentially limiting discovery: Less investigation may be needed to identify and value assets.
• Establishing alimony parameters: If included, spousal support provisions may be enforced (subject to review).

However, the enforcement of your prenuptial agreement depends on whether it meets Washington's validity requirements. Courts may set aside agreements that:

• Were signed under duress or coercion
• Lacked full financial disclosure
• Are unconscionably unfair
• Were executed without proper legal representation

Filing Requirements

Unlike some legal documents, prenuptial agreements are not filed with the court at the time of creation. The prenup only becomes relevant in court during divorce proceedings or when enforcing specific provisions.

Protect Your Assets with Hodgson Law Office

Prenups were once the providence of high-wealth individuals, but not anymore. Folks of average or lower wealth are also finding them to be of much use. If you're wondering how to protect assets with a prenuptial agreement in Washington, Hodgson Law Office can help.

We've got extensive experience helping future spouses protect their interests with airtight, well-thought-out prenuptial agreements. If you need a seasoned prenuptial agreement lawyer in Washington, give our office a call or contact us online for help.

Main Washington Court locations for family law matters:

• Seattle Courthouse: 516 Third Avenue, Seattle, WA 98104
• Spokane County Superior Court: 1116 W. Broadway Avenue, Spokane, WA 99260
• Pierce County Superior Court: 930 Tacoma Ave South #334, Tacoma, WA 98402
• King County Court: 516 3rd Ave Rm E609, Seattle, WA 98104-2363
• Thurston County Superior Court: 2000 Lakeridge Dr. SW Bldg 3, Olympia, WA 98502

To find additional courthouse locations, please contact our office for guidance specific to your area.