Pre and Postnuptial Agreements: What Couples Need to Know

Pre and postnuptial agreements are powerful tools for couples who want to define their financial future with clarity and mutual respect. Whether you're planning a wedding or already married, these agreements can offer peace of mind, transparency, and protection for both partners.

What are Prenuptial and Postnuptial Agreements?

A prenuptial agreement, or "prenup", is a legal contract signed before marriage that outlines how premarital and post-marital assets, debts, and property will be handled during the marriage and in the event of divorce or death. These are generally presumed valid if properly executed. It must be in writing, voluntarily signed with full financial disclosure given, and signed in advance (ideally 30+ days before the wedding).

A postnuptial agreement, or "postnup", is similar to a prenup, but signed after the couple is already married. It can address the same issues as a prenup and is often used when financial circumstances change during the marriage. A postnup is subject to more scrutiny by courts. It must be in writing and voluntarily signed with full financial disclosure given.

Washington State's Community Property Laws

Washington is a community property state. This means that without a prenup or postnup, most assets and debts acquired during the marriage are considered jointly owned and will be divided equitably (not necessarily equally) in a legal separation or divorce. These agreements allow couples to opt out of default state rules and create their own roadmap.

Why Consider a Prenup or Postnup?

• Clarity and Transparency: These agreements require full financial disclosure, helping couples start or continue their marriage with honesty.

• Protecting Separate Property: Safeguard family heirlooms, businesses, or assets acquired before marriage.

• Debt Protection: Shield one spouse from the other's premarital or personal debts (like student loans).

• Blended Families: Address inheritance and financial responsibilities for children from previous relationships.

• Peace of Mind: Reduce conflict and uncertainty in the event of divorce or death.

Are These Agreements Enforceable?

Generally, yes...if done correctly. Washington courts should enforce prenups and postnups (with a bit more scrutiny) that are:

1. Written and signed voluntarily

2. Based on full ad fair disclosure of assets and debts

3. Not "unconscionable" or grossly unfair at the time of enforcement

It is highly recommended that each spouse consult their own attorney to ensure the agreement is fair and legally sound.

Final Thoughts

Pre and postnuptial agreements aren't about planning for failure. They're about building a strong foundation of trust and understanding. They offer couples a chance to define their financial partnership on their own terms.

If you're considering a prenup or postnup, talk to a family law attorney who understands Washington's unique legal landscape. It's never too early, or too late, to protect what matters most.