When Should I Get a Prenuptial Agreement?

The best time to sign a prenuptial agreement is well before the wedding, when there is real time to talk, disclose, and negotiate without pressure. Waiting until the invitations are out is one of the surest ways to weaken the very document you are trying to rely on. The Law Office of Chad Foster helps Snohomish County clients with prenuptial agreements.

Timing Is Not a Detail, It Is the Whole Ballgame

Washington does not have a statute that governs prenuptial agreements. Instead, whether a prenup holds up is decided under case law, and timing sits at the center of that analysis. In In re Marriage of Bernard, 165 Wn.2d 895 (2009), the Washington Supreme Court refused to enforce a prenup in part because of when and how it was signed. The wife did not receive a working draft until eighteen days before the wedding, a substantially revised version arrived just a few days out, and she ultimately signed the day before the ceremony, with roughly two hundred guests already expected and a honeymoon booked.

The court found that this timing left no genuine opportunity for meaningful review or negotiation. The wife was, in the trial court's words, faced with the choice of the humiliation of calling off a wedding or signing an unfair document. Because the agreement was not entered into voluntarily and with full understanding, it failed the procedural fairness part of Washington's test and was thrown out. The takeaway is direct: a last-minute prenup invites exactly the challenge you were hoping to avoid. For related guidance, see What Is a Prenuptial Agreement.

How Washington Courts Judge a Prenup

The framework the Bernard court applied comes from In re Marriage of Matson, 107 Wn.2d 479 (1986). Under that two-prong test, a court first asks whether the agreement is substantively fair, meaning whether it makes reasonable provision for the spouse who is not seeking to enforce it. If the agreement is not fair on its terms, the court then asks whether it was procedurally fair: whether both spouses fully disclosed their property, and whether each entered the agreement freely, with independent advice and full knowledge of the rights being given up. For related guidance, see How Do I Enforce a Prenuptial Agreement.

Timing feeds directly into that second prong. An agreement negotiated over months, with both people represented and unhurried, looks very different to a court than one presented as a take-it-or-leave-it ultimatum days before the ceremony. Giving yourselves a long runway is one of the most effective things you can do to make the agreement stick.

A Practical Timeline

There is no magic number of days that guarantees enforceability, but the direction is clear: earlier is better. Aim to raise the topic and begin drafting several months before the wedding, ideally before you have booked the venue or sent invitations. That gives each of you time to gather financial information, exchange full disclosures, consult your own attorney, and actually negotiate the terms rather than rubber-stamp them. The goal is for a neutral observer to look back and see two people who understood the agreement and signed it because they chose to, not because the clock forced their hand.

Who Should Seriously Consider One

Timing answers the "when," but many people first ask "whether." Prenuptial agreements are not only for the wealthy. They make particular sense for several groups of people.

Business owners are near the top of the list. Without an agreement, the growth and income of a business built or run during the marriage can become community property under Washington law, and a divorce can force hard questions about valuation and control. A prenup can keep the business, and often its future appreciation, classified as separate property. People entering a second marriage are another strong candidate, especially when children from a prior relationship are involved. A prenup can protect assets you want to preserve for those children and can clarify expectations so that a later dissolution does not unravel your estate planning.

Anyone bringing significant separate property into the marriage, such as real estate, retirement savings, or an inheritance, has good reason to consider a prenup, because Washington courts can reach even separate property when dividing assets at divorce. The same is true in reverse for debt. If one partner carries substantial student loans, business obligations, or other liabilities, a prenup can help keep those debts from becoming a shared burden. And couples with a large disparity in wealth, like the spouses in Bernard, often benefit from spelling out expectations clearly and early, precisely because that gap is what tends to draw scrutiny later.

A Word for Snohomish County Couples

Home values throughout Snohomish County, from Everett to Snohomish to the communities along the I-5 corridor, mean that a first home, a family property, or years of accumulated equity can quickly become the largest issue in a dissolution. If either of you owns property here going into the marriage, addressing it in a well-timed prenup can prevent a great deal of uncertainty down the road. Any dispute over enforceability would be decided in the Superior Court here, under the same Matson and Bernard standards discussed above.

Start the Conversation Early

The single most important thing you can do to give a prenuptial agreement staying power is to start early. An agreement built over months, with full disclosure and independent advice on both sides, protects both partners and reflects a decision made together rather than one imposed under deadline pressure.

If you are engaged or planning to marry and want to understand whether a prenuptial agreement makes sense for you, the Law Office of Chad Foster is glad to help you think it through with plenty of time to spare. Reach out to begin the conversation.