A Washington, DC prenuptial agreement is a legally binding document designed to establish the financial rights and responsibilities of individuals entering into marriage. State law recognizes the importance of complete and equitable disclosure. The parties must provide full and accurate information on their financial situations, preventing disputes over undisclosed assets or liabilities.
While the main focus is often on property division, prenups can also address alimony, inheritance rights, and the treatment of specific assets.
Legal Considerations
Laws:
- § 46–501 – Definitions
- § 46-502 – Formalities
- § 46–503 – Content
- § 46–504 – Effect of marriage or domestic partnership
- § 46–505 – Amendment; revocation
- § 46–506 – Enforcement
- § 46–507 – Void marriage or domestic partnership
- § 46–508 – Limitation of actions
- § 46–509 – Applicability
- § 46–510 – Application and construction
Signing Requirements: It needs to be documented in writing and bear the signatures of both parties. Enforceability does not hinge on the presence of consideration (§ 46-502).
Dividing Property: Equitable division (§ 16–910).
Enforceability Requirements
- Essential Terms for Validity: Voluntary execution, absence of unconscionability, fair disclosure, waiver in writing, reasonable knowledge of the other party’s financial obligations.
- Terms to Exclude: Child custody or child support, illegal incentives, terms against public policy, unfair or deceptive terms.
- Modification and Termination: Following marriage or domestic partnership registration, a prenup may be modified or revoked only through a written agreement signed by both parties. The revised document is legally binding without additional consideration (§ 46-505).
