A marriage is more than a relationship – it is a legal contract. The question is who writes that contract: you and your future spouse, or the State of Washington.

When you marry without a prenuptial agreement, you automatically accept Washington’s default rules on property, debt, and support – whether you realize it or not. A prenuptial agreement (often called a “prenup”) allows both partners to define their own terms, privately and intentionally, before marriage begins.

Why Consider a Prenup? It’s Not About Distrust – It’s About Clarity

Most couples pursue a prenup not because they expect divorce, but because they value transparency and want to avoid future conflict. The most common benefits include:

• Clarifying what property remains separate vs. community
  
• Protecting family assets, inheritances, or business interests
  
• Reducing financial stress during the marriage
  
• Preventing costly disputes if separation ever occurs
  
• Setting mutual expectations about finances, support, and responsibility
  

A well-drafted prenup can provide peace of mind, especially in marriages blending business and assets

Washington’s Unique Challenge: Enforceability

Washington courts are more cautious and skeptical about prenuptial agreements than many other states. Judges often refuse to enforce a prenup if they believe it is:

• Unfair or “unconscionable” at the time of enforcement
  
• Signed under pressure or without full financial disclosure
  
• Lacking opportunity for independent legal advice for both parties
  

Because of this, it is essential to approach a prenup carefully and correctly.

How to Maximize Enforceability in Washington

To increase the likelihood your agreement will be upheld, we follow key principles:

1. Full Financial Disclosure
   Each party must disclose assets, income, and debts clearly.
2. Independent Legal Advice
   Each spouse should have the opportunity to consult their own attorney.
3. Fairness at Both Signing and Enforcement
   A prenup cannot be extremely one-sided or punitive.
4. Sufficient Time Before the Wedding
   No last-minute pressure or rushed signatures.

Even with all precautions, no attorney can promise that a Washington court will fully enforce a prenuptial agreement. However, these steps improve your chances.

Why It’s Still Worth Doing

Even if certain provisions are challenged later, a prenup can:

• Influence settlement discussions
  
• Clarify intent and reduce litigation
  
• Protect business or family wealth
  
• Promote honest discussion before marriage
  
• Serve as a private marital roadmap
  

Simply put: a prenup in Washington does not eliminate all legal risk, but it often prevents the worst conflicts.

How a Prenup Can Reduce Conflict During Marriage

• Establishes shared expectations around money
  
• Prevents hidden resentment or financial surprises
  
• Creates a foundation of honesty and mutual understanding
  
• Protects both spouses—not just one
  

For many couples, drafting a prenup actually strengthens the relationship.

Flat-Fee Prenuptial Agreement – $600

I offer straightforward, flat-fee drafting for prenuptial agreements:

$600 flat fee
Includes:

• Initial consultation
  
• Customized drafting based on your goals
  
• Guidance on enforceability and necessary disclosures
  
• Revisions and finalization
  

Spouses should have their own attorney review the agreement (I can refer counsel if needed).

Contact me to begin your agreement and start your marriage with clarity, honesty, and mutual respect.

Prenuptial agreement FAQ

Do prenups hold up in Washington courts?

Washington courts are cautious with prenuptial agreements, but they can be enforced when properly drafted. The key is fairness, full financial disclosure, and allowing both parties an opportunity to seek legal advice. While no agreement is guaranteed, a well-prepared prenup greatly improves enforceability and reduces future disputes.

Isn’t asking for a prenup a sign of mistrust?

Not at all. A prenup is not about expecting divorce – it’s about planning your marriage with honesty. Couples often say the process strengthened their communication. It’s no different from creating a will or estate plan: responsible, not pessimistic.

Can a prenup protect property I owned before marriage?

Yes. A prenup can clearly define which assets remain your separate property, such as a business, home, retirement account, or family inheritance. Without it, Washington community property law may treat those assets differently than you intended.

Can we include future income and spousal support in the prenup?

You can, but support provisions are the most likely to be challenged. Washington courts will not enforce terms that cause extreme hardship at the time of enforcement. We can structure terms that are fair, flexible, and more likely to be respected later.

What if my fiancé doesn’t have a lawyer?

Each party has the right to independent legal counsel. Your fiancé is not required to hire a lawyer, but it is recommended. Courts are more likely to enforce a prenup if both parties had a fair chance to seek advice.

How far in advance should a prenup be signed?

As early as possible. Last-minute agreements can be viewed as coercive and risk being struck down. Starting early ensures calm, thoughtful negotiation.

Can we change or cancel a prenup after marriage?

Yes. Couples can amend or revoke a prenup through a written agreement (a “postnuptial agreement”) signed by both. Life changes – marriage contracts can, too.

What happens if we don’t get a prenup?

Then Washington’s default laws will apply. That means all assets and debts acquired during marriage are presumed community property and may be split 50/50 in a divorce, regardless of personal intent.

Is a prenup still worth it if it might not be fully enforced?

Absolutely. Even if a court does not adopt every clause, a prenup guides settlement, reduces litigation, and establishes your stated intent. It often prevents the worst financial battles.

Have More Questions?

If you’re considering a prenup, I’d be happy to discuss your goals and explain how the process works.

Contact me to schedule a consultation.