Washington Prenuptial Agreement Form

People used to think that only wealthy and famous people sign prenuptial agreements. However, today, more and more ordinary couples are thinking about drawing up such contracts before the wedding. In this brief, we will tell you about the Washington Prenuptial Agreement Form.

There is nothing wrong with drawing up a prenuptial agreement template; it does not in any way reduce the love between spouses. This contract formalizes the negotiated agreements to protect the property from the other spouse’s encroachments.

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The Prenuptial Agreement Form in Washington is signed by two people planning to tie the knot. It contains their decisions on how their property will be divided in the event of a divorce or death of one of the spouses.

This agreement must be drawn up precisely before marriage. It is not a mandatory document, but people should consider filling out the document, especially if one or both partners:

  • Have significant savings, expensive real estate, or other assets
  • Have children from other relationships and want to bequeath part of their property to them
  • Have huge debts

In any case, no one can prevent you from filling out such a document, let alone threaten you to sign it. Both spouses must sign the agreement out of their own free will, without the use of coercion. If the couple changes their minds, they can amend or cancel the agreement. To correctly draw up the contract, we recommend using our form-building software.

Washington Prenup Laws and Requirements

Unlike many other states, Washington does not mention the prenuptial agreement in the State Statute. However, it is widely accepted in the state that future spouses can draw up an agreement to govern their property relations in the event of divorce or death. The Washington courts use the case Marriage of Matson (107 Wn. 2d 479 (1986)) as a precedent.

Let us analyze the main points crucial for the prenuptial agreement to be recognized as legal, so the court does not interfere with its implementation.

Signing Requirements

The agreement must be drawn up in writing and signed by both parties. No additional witnesses or public notary acknowledgment are required. Witnesses can confirm that the deal was signed without coercion if needed.


Enforceability

Although notarial confirmation is not required by law, it will make it much easier for you to confirm the agreement. It will also be helpful if both attorneys sign that they have independently consulted their clients. It is vital for the court that both parties have had the opportunity to review the documents and seek advice from their attorney before signing.

These additional requirements must also be met to make the agreement enforceable:

  • The agreement is valid only as long as the marriage lasts.
  • The agreement must specify the income, property, and assets of each spouse. Accordingly, both parties should be aware of the financial situation of each other.

Court Refusal

If one of the parties is dissatisfied with the agreement and wants to challenge it during the divorce, both partners will have to go to court. If the court doubts the prenuptial agreement’s legality, it can refuse to comply with the decisions reflected in it.

First, the court considers whether the agreement is fair and reasonable to the poorer side. If yes, then the question is removed, and the case is closed. But if not, the court will investigate whether the parties sufficiently disclosed all financial information and whether the agreement’s conclusion was voluntary. At this point, the parties must have had the opportunity to familiarize themselves with the arrangement in advance and receive proper consultation.

What Prenups Can Cover

Before including a clause in your agreement, make sure it is fair and legal. Here are some examples of what to mention in the document:

  • Property division in case of death or divorce
  • Refusal from spouse support
  • Spousal support amount and duration
  • Life insurance matters
  • State jurisdiction.

In Washington, the prenup agreements may also contain decisions about child custody or child support. But if the decision is further challenged in court, the latter will not take them into account and will make its own decision.

Property type

The property division in Washington is based on Chapter 26.16 of the RCW of State Law. According to the Chapter, all property received in marriage is common and divided equally in half.

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Published: Feb 25, 2021