min read

Washington Premarital Agreements 101: A Prenup Primer

Everything you need to know about prenups in Washington State. First streamlines the process like your morning coffee.

Published by

Romain Dancre on Unsplash

Congratulations on your decision to tie the knot! As you embark on this exciting journey, it’s essential to consider all aspects of your future together, including legal matters. One crucial document that often gets overlooked but can be incredibly valuable is the prenuptial agreement, commonly referred to as a prenup. Let First provide you with a comprehensive primer on prenups, covering everything you need to know before saying, “I do” in the Evergreen State.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal contract entered into by two individuals before they get married. Its primary purpose is to outline the rights and responsibilities of each party concerning assets, debts, and other financial matters in the event of divorce or death. Think of it as a roadmap for how property will be allocated and divided if the marriage ends.

Why Consider a Prenup in Washington?

While it may not be the most romantic topic, discussing a prenup can provide several benefits:

Asset Protection: A prenup allows you to protect assets you bring into the marriage, such as property, investments, or business interests, ensuring they remain yours in the event of a divorce.
Debt Protection: A prenup can also protect you from assuming responsibility for your spouse’s pre-existing debts, shielding your finances from potential liabilities.
Clarity and Transparency: By openly discussing financial matters before marriage, a prenup promotes transparency and can help prevent misunderstandings or disputes down the road.
Peace of Mind: Having a prenup in place can provide peace of mind, knowing that your financial interests are safeguarded, allowing you to focus on building a strong and healthy relationship.

What Can and Cannot Be Included in a Washington Prenup?

While prenups offer considerable flexibility, there are limitations on what can be included:‍

Can Include:

Division of assets and liabilities
Spousal support/alimony terms (though courts may review for fairness)
Property rights and ownership
Financial responsibilities during the marriage

Cannot Include:

Child custody and support arrangements (these are decided by the court based on the child’s best interests)
Illegal or unethical provisions
Personal matters unrelated to finances (e.g., household chores)

How to Create a Prenup in Washington

Creating a prenup involves several steps: ‍

Open Communication:
Start by having an open and honest conversation with your partner about why you want a prenup and what you hope to accomplish.
Full Disclosure:
Both parties must fully disclose all assets, debts, and financial information to ensure the agreement is fair and enforceable.
Review and Revise:
Take the time to review the draft agreement carefully and make any necessary revisions. Ensure that both parties fully understand the terms before signing. You may work with lawyers, one per partner, to seek independent legal advice. At First, we have lawyers who take the time to review your draft agreement with you and make sure you understand what you are signing.
Signing:
Once finalized, the prenup must be signed by both parties. Notarization is highly recommended for enforceability.

When to Get a Prenup

Ideally, couples should discuss and draft a prenup well in advance of their wedding date. Starting the process early allows ample time for thoughtful consideration, negotiation, and any revisions that may be necessary.

A prenuptial agreement can be a valuable tool for protecting your financial interests and promoting peace of mind as you enter into marriage. By understanding the basics of prenups and taking proactive steps to create a comprehensive agreement, you can set a solid foundation for your future together. Remember, while discussing a prenup may seem daunting, it ultimately demonstrates a commitment to open communication, trust, and mutual respect in your relationship.

If you’re considering a prenup and want expert guidance every step of the way, consider reaching out to First. Start your journey toward a secure and prosperous future together with First by your side.

Frequently Asked Questions

What happens if a couple divorces without a prenup?

Without a prenup, divorcing couples in Washington are subject to the state’s community property laws. This means that most assets and debts acquired during the marriage are typically divided equally between the spouses, regardless of who earned or acquired them. This may not align with each party’s preferences or expectations, making prenups a valuable tool for establishing personalized terms for asset division, spousal support, and other financial matters.

Is a prenup necessary for every couple, or are there specific circumstances where it’s more important?

Prenuptial agreements can be particularly beneficial in specific situations. For instance, if one or both parties have substantial assets, own a business, or have previously been married, a prenup can offer clarity and protection for those assets and interests. Ultimately, the decision to get a prenup depends on each couple’s unique circumstances and preferences.

What is required for a prenup to be enforceable in Washington?

For a prenup to be enforceable in Washington, it must be in writing, signed by both parties, and notarized. Both parties must provide full and fair disclosure of their financial circumstances, and the agreement must be entered into voluntarily, without fraud or duress. Courts will also review the agreement for fairness at the time it was signed and may not enforce terms deemed unconscionable or unfair.

Timeline for Getting a Prenuptial Agreement: What to Expect

Understand the step-by-step process and timeline for creating a prenuptial agreement before marriage.

Education

min read

What Is a Prenup, and Do I Need One?

Learn the ins and outs of prenups—including why they can actually help your marriage in the long run.

Trends

min read

Why is full financial disclosure important for a prenup?

Full financial disclosure ensures fairness, transparency, legal validity, and prevents future disputes in prenups.

Law Demystified

min read