Prenuptial Agreements

Washington is a community property state, which means that money and property acquired during a marriage is presumed the equal property of both parties, with limited exceptions.

Property acquired prior to marriage or after separation is presumed the separate property of the spouse who acquires it. Many people do not want to leave property division up to the courts, nor decide how to divide it after a marriage has failed. Instead, they sign a “prenup” prior to marriage, which outlines how the parties will divide the property in the event of divorce. It may also state how much will be paid in spousal support, if any. Another option is a similar agreement that is signed after marriage. Spouses might agree to convert separate property into the property of both spouses.

If you are considering entering into either of these agreements with your spouse or soon-to-be spouse, you will want a lawyer to draft the documents and also review them before signing. If your fiancé or spouse presents you with an agreement – be sure to seek the advice of your own lawyer before you sign.