Understanding Prenuptial Agreements in Washington

A prenuptial agreement is a legal contract between two individuals before marriage that outlines how assets and debts will be divided in the event of separation or divorce. In Washington State, courts interpret prenuptial agreements using general contract law principles rather than a specific statute governing their enforceability.

Requirements for a Valid Prenuptial Agreement

For a prenuptial agreement to be enforceable in Washington, it must meet the following criteria:

  • Written Agreement – The agreement must be in writing.

  • Executed in Contemplation of Marriage – The agreement must be made with the clear intent of marriage.

  • Signed in the Presence of a Notary – Both parties must sign the agreement before a public notary.

  • Independent Legal Representation – Each party should have an attorney to certify that they understand the terms and are signing voluntarily.

  • Full Financial Disclosure – Both parties must provide complete information about their assets, debts, and income to ensure fairness.

Factors Considered in Enforceability

Courts examine both substantive and procedural fairness when determining the enforceability of a prenuptial agreement.

Substantive Fairness

  • Fair provisions for both parties

  • Proportional benefit between spouses

  • Restrictions on community property creation

  • Limitations on inheritance rights

  • Economic means and financial standing of each party

Procedural Fairness

  • Adequate financial disclosure

  • No fraud, duress, or coercion

  • Independent legal counsel

  • Compliance with public policy

  • Signed well in advance of the wedding

Why Consider a Prenuptial Agreement?

Prenuptial agreements provide clarity and protection for both parties. They can help safeguard separate property, outline financial responsibilities, and reduce future conflicts in case of divorce. These agreements are particularly useful for individuals with significant assets, business interests, or children from previous relationships.

Legal Assistance with Prenuptial Agreements

At Bruner Anderson Law Group, LLC, we assist clients in drafting and reviewing prenuptial agreements to ensure they are legally sound, fair, and enforceable. Whether you need a new agreement or legal counsel to review an existing one, we are here to help.

Contact us today to discuss your prenuptial agreement needs.