A Washington prenuptial agreement is a legal framework a couple establishes before marriage to predetermine how they will split up their assets in the event of divorce or death. This contract outlines property division, the management of family businesses, arrangements for alimony or support payments, the distribution of life insurance benefits, and other financial obligations.
It aims to simplify property distribution and avoid protracted and expensive legal disputes. However, such agreements aren’t immune to challenges in court. The court considers factors like the parties’ ages, incomes, the manner in which the parties executed the agreement, and the fairness of the terms to determine the contract’s validity and enforceability.
Legal Considerations
Laws: Washington uses case law to guide the creation and enforcement of prenups. Some examples of cases that courts often reference include Marriage of Matson, 107 Wn. 2d 479 (1986) and In re Bernard, 165 Wn. 2d 895 (2009). There is no statute governing premarital agreements, but the court uses basic rules of contract law to analyze the agreements.
Signing Requirements: Both spouses must sign. Notarization and witnesses aren’t necessary, but having either is highly recommended.
Dividing Property: Community property (RCW 26.16.030).
Enforceability Requirements
- Distinctions between Separate and Joint Property: State law considers all property acquired during marriage as joint property unless a prenup states otherwise. Therefore, it’s essential to distinguish separate from joint property in a prenup.
- The End of the Marriage: A prenup can cover what happens in the event of an event that ends a marriage. A marriage can end due to annulment (a decree of invalidity), divorce (a decree of dissolution of marriage), or the death of a partner. Depending on the prenup’s terms, it may be enforceable in the event of legal separation, meaning the couple separates instead of legally divorcing.
- Spousal Support: A prenup can dictate that one spouse can request support from the other if one party is in a better financial position. This way, the spouses can receive equitable treatment if their marriage ends.
