As prenuptial agreement lawyers in the state of Washington, we are often asked if they are enforceable. There is by all accounts a broad misconception that they are not, at this point, accepted by our courts. This is false. A prenup is a huge part of the legal world in Washington when it comes to divorces. Of course, no one enters a marriage assuming that one day it will end. A prenuptial agreement is not something many people want to talk about, but if your financial wellbeing could be affected either way by a nasty divorce, it is something that should be considered. This is especially the case if you have significantly more assets than your future spouse. It is ultimately about protecting you and your future, using a realistic viewpoint.
What is a Prenuptial Agreement?
A prenup is basically an agreement between two people before they get married on how assets will be divided should they end up divorcing, separating, and in many cases, they also mention what will happen upon the death of a spouse. Sometimes people wait until after they are married to draft an agreement, at which point it is referred to as a postnuptial agreement. Regardless of when you make one, it will be enforceable if done correctly and is clear and concise.
The overall principle for enforceability of prenuptial or postnuptial arrangements is that they should be reasonable and straightforward. These agreements are most likely to be implemented by a court as long as both parties consented, agreed, and it is spelled out in black and white. If there is any gray area, that is when enforceability can become an issue. That is why it is important to seek legal advice from experienced attorneys when creating a prenuptial or postnuptial agreement.
If a prenuptial agreement is at all confusing, or looks like one party could have been coerced that is going to be frowned upon by the courts. There are often circumstances mentioned in these agreements that each spouse must hold up to, and if they do not it can make it difficult to enforce as well. So, if you do decide to make a prenup with your future spouse, the biggest takeaway is to make sure it is clear and that both of you follow whatever rules you outlined within it.
The legal team at Community Law PLC is ready to help you draft your prenuptial agreement no matter which side of the financial means you are on. Our attorneys are experienced in Washington law and can make sure that your agreement will be enforceable if the unfortunate time comes where it must be utilized.