Washington State Prenuptial Agreement Rules

In Washington State, « separate property » is defined as property or real estate that was owned before the marriage or that was received during the marriage as a gift or inheritance, or that was purchased with separate ownership money. In some cases, determining what a separate property is may not be clear, so a prenuptial agreement is a good way to clarify. The courts conducted a two-pronged test to assess prenups in Washington state. First, the court considers whether the prenup is « fair, » meaning « what a court would do if no prenup had been executed. » Keep in mind that the purpose of most prenups is to deviate from what a court would do, so most prenupacts do not pass the first part of this test. Nevertheless, some prenups are considered fair, and if this is the case, the court`s analysis stops and the prenup is maintained. The general rule for the applicability of prenuptial agreements is that they must be fair and transparent. In practice, they are much more likely to be enforced by a court on the street if they are both fair and if the parties are honest, clear and transparent about their assets and debts in the disclosure sections of the contract. Our prenupial contract attorneys in Washington State are often asked if prenups are even valid or enforceable. There seems to be a widespread misconception that they are no longer accepted by our courts.

It`s not true. Despite rumors to the contrary, these deals remain an important part of Washington`s divorce laws. From a purely legal point of view, a marriage contract does not need to be drafted by a lawyer to be enforceable. In practice, however, marriage and post-marriage contracts can be very complex. Most importantly, they can be considered unenforceable if they are not carefully written. That`s why it`s important to have the help of experienced marriage contract attorneys in Washington if you want to pursue this. One of the goals of a prenuptial agreement may be to define more clearly how the property will be distributed so that both parties know in advance what the rules will look like. However, as I will discuss below, there may also be a downside to establishing stricter distribution rules that limit the court`s discretion. Be sure to discuss the pros and cons of a marriage or post-marriage contract with your marriage contract attorney in Seattle. Lawyers are not required to draft a marriage contract in Washington. However, the presence of lawyers can help ensure law enforcement.

If you or your fiancé have any questions or concerns about your legal rights in connection with the Agreement, it is advisable to consult independent legal counsel. First, you need to fully disclose all assets. This means that you want to disclose all the accounts and assets you have. All that is sacred must be revealed. If you don`t disclose it, it may be a reason to reject the prenuptial agreement. Since prenuptial agreements may alter rights otherwise provided for by law, the courts will carefully consider whether the agreement has been properly concluded. There are various mistakes that can be made that allow the court to annul the prenup. Your marriage contract attorney in Seattle can help you avoid these problems. Among the elements that the court will consider is whether a party was pressured to sign the agreement, whether they did not have the opinion of a lawyer at the time of signing, whether the agreement is too one-sided and, finally, whether the agreement was signed too close to the date of the marriage. Second, you need to make sure that the contract is fair to the spouse who is not looking for the marriage contract.

If both parties are looking for a marriage contract, this question is not so important. However, in the event of significant differences in assets, you must ensure that your agreement includes provisions that establish the rights of both spouses fairly. While there isn`t necessarily a specific form or structure that your prenup should follow, there are four very critical rule rules to remember when drafting a prenuptial agreement: Most of the time, prenuptial agreements deal with property issues. This can affect how property is managed during the marriage and what can happen after the end of the marriage, whether through divorce or death. In Washington State, parties can revoke or revoke a marriage contract by their actions. However, a marriage contract that is valid and enforceable at the time of its execution may be annulled by the conduct of the parties during their marriage. See In re Marriage of Fox, 58 Wn. App. 935, 938, 795 p.2d 1170 (1990) (with the conclusion that an agreement valid and enforceable at the time of its execution had been annulled by the parties because of the conduct of the parties during their marriage and their mixture of separate and communal property). If the parties have not followed each other`s terms of a marriage contract, the court is not required to execute it and may instead determine the intentions of the parties, taking into account the circumstances before and during the marriage, to determine its binding effect. Despite the problems with applying prenups in Washington state, it`s still a good idea to create one.

Negotiating a prenuptial agreement requires couples to have conversations about money before getting married and before facing the very real and very difficult financial problems that married couples face without exception. A common understanding of money problems before problems arise increases a couple`s ability to solve financial problems in a healthy way, thereby reducing marital conflicts. If you or your fiancé have children from a previous relationship, own a business or other property, have debts, or have unresolved legal obligations, it can be very important to seek legal advice before you get married. Our marriage lawyers in Washington will help you understand your rights and duties. Talk to our premarital attorneys in Washington today to contact us! Very openly, sunset clauses allow the wealthiest spouses to ensure that they are not married for money. If the marriage turns out to be true and lasting, the prenup will automatically expire. After the expiration of the prenup or at any time during the marriage, the couple can choose to enter into a new agreement with different conditions. Certainly, a marriage contract is not necessary to get married. The state has many laws that allow a court to make all the necessary decisions in the event of divorce. In the greater state of Washington, the laws that control marriage rights are found in the Revised Washington Code, Chapter 26.04. A list of these laws is also readily available online on the Washington Legislature`s website under www.leg.wa.gov under « Agency Laws and Rules. » State laws do not allow the maintenance and custody of children to be determined by a marriage contract. The courts are the supreme authority on matters.

The purpose of the courts is to ensure that custody arrangements are made in the best interests of the child and not necessarily in what is best for parents when they developed their prenup years ago. Similarly, child benefit orders are not made arbitrarily; They are produced taking into account the income of both parties and using the specific financial guidelines of the State. Custody is a highly controversial issue in many divorces, as is child support. People think they can prevent custody disputes and protect their parental and access rights by including details in their pre-presentation of how they will treat children. But these kinds of conditions are simply not enforceable in Washington State. For many couples, prenups make sense and they should discuss money before marriage. They are a great way to protect your personal real estate, preserve your inheritance rights, and determine in advance how you want to handle the terms of the divorce in case the marriage dissolves. Whether you found this page because you`re planning to draft a prenuptial agreement before your next marriage, or because you`re worried about the prenup you already have during your next divorce, there are a few little-known facts you should know about prenuptial agreements in Washington State.

Washington is a state of « community property » – meaning that, in general, any property acquired during marriage is considered community property unless there is a marriage contract. Community property laws can be complicated, and couples who own significant assets or own a business will want legal advice on how best to protect their assets. If the agreement is signed shortly before the wedding, it follows that a disadvantaged party may have felt pressured by the upcoming marriage. If your wedding date is too close, you may want to wait until after the wedding to sign it (making it a post-marital contract), so it`s clear that neither party felt constrained by the time of the marriage. You may also want to make arrangements in advance about how you would conduct a divorce, for example. B to use consent, mediation, or collaborative divorce methods to keep the divorce friendlier. One of our prenuptial agreement lawyers in Seattle can discuss these options with you in more detail. Third, the agreement must be free from coercion. .