Seattle Prenuptial Agreement
Our Seattle prenuptial agreement lawyers are often asked if prenups are even valid or enforceable. There seems to be a widespread misperception that they are no longer accepted by our courts. This is untrue. Despite rumors to the contrary, these prenuptial agreements remain an important part of Washington’s divorce laws.
Listen, no one likes the idea of entering a marriage with the thought that it will one day fail. It is also often an extremely difficult discussion to have with your future spouse. If, however, you have significant assets prior to entering into your contemplated marriage, you owe it to yourself to proactively explore your options.What is a Prenuptial Agreement?
At its core, this type of agreement is really nothing more than a contract entered into by two people prior to their marriage. Within this contract, the parties decide how their debts and assets will be divided if they end up getting a divorce, filing for legal separation, seeking an annulment, or when one of them dies.
The prenuptial memorializes all of these agreements and attempts to set them out clearly and precisely before the parties are married. In certain situations, couples wait until after they are married to make these arrangements. In these situations, the contract is then often referred to as a “marital agreement” or a "postnuptial agreement".Is a Prenup Enforceable?
The general rule for enforceability of prenuptial agreements is that they must be fair and transparent. As a practical matter, they are much more likely to be enforced by a court down the road if it is both equitable and if the parties are honest, clear and transparent about their assets and debts in the disclosure sections of the contract.
This includes their finances, their salaries and other income, their possessions, their property, and their liabilities. The court is really looking to see if the both of the parties entered into the agreement with their eyes wide open and with a complete disclosure on each side.
For obvious reasons, coercion and lack of detail are frowned upon. Another problem that can arise with these type of contracts is when one or both of the parties fails to follow them during the marriage. Depending on the specific facts and circumstances involved, this can sometimes make the prenup wholly or partially unenforceable.Do you Need Seattle Prenuptial Agreement Lawyers to Make These Kinds of Agreements?
From a purely legal standpoint, a prenuptial agreement does not have to be drafted by an lawyer to be enforceable. As a practical matter, however, prenuptial and postnuptial agreements can be very complex. More importantly, they can be deemed unenforceable if they are not carefully written. That's why it is important to have the help from experienced Washington prenuptial agreement attorneys if you would like to pursue this.Our Seattle Prenuptial Agreement Lawyers Will Ensure That Your Agreement has the Best Chance of Being Enforced
While there are no absolute guarantees when it comes to prenups, our Seattle prenuptial agreement lawyers can help make sure your agreement has the best chance of being enforced down the road given the specific facts of your situation. The Washington State prenuptial agreement lawyers from our firm will also require that your future spouse seek out independent legal counsel prior to memorializing the contract. This means that they will have their own attorney review the agreement prior to accepting its terms.