Prenuptial & Postnuptial Agreements
A well-made marital agreement is not a plan for divorce. It is an agreement about how your property works during the marriage and a substitute for litigation if the marriage ends. Because Washington is a community property state, marriage itself changes who owns what you earn and acquire; a prenuptial or postnuptial agreement lets you choose different rules. The Law Office of Chad Foster drafts and reviews marital agreements for clients throughout King and Snohomish Counties.
How Washington Courts Judge These Agreements
Washington has not adopted the Uniform Premarital Agreement Act; enforceability here is governed by case law, principally In re Marriage of Matson, 107 Wn.2d 479 (1986), and In re Marriage of Bernard, 165 Wn.2d 895 (2009). Courts apply a two-prong analysis:
- Substantive fairness: Is the agreement fair in what it actually provides? If so, it is generally enforced.
- Procedural fairness: If the agreement is one-sided, it can still be enforced, but only if it was made fairly: full disclosure of each party's assets and debts, a genuine opportunity for each party to consult independent counsel, and a voluntary signature free of pressure, with real time to consider the terms before the wedding.
In practice, the agreements that fail share a profile: signed days before the wedding, without disclosure, without independent lawyers. The agreements that hold up are negotiated early, documented thoroughly, and signed by two informed people. We build agreements to satisfy both prongs, because no one can guarantee which prong a future court will reach.
What an Agreement Can, and Cannot, Do
A marital agreement can define what remains separate property, how income and acquisitions will be characterized, how property and debts would be divided, and how spousal maintenance would be handled. It can protect a business, an inheritance, or children from a prior marriage, and it can coordinate with your estate plan.
It cannot bind the court on children's issues. Child support belongs to the child, and parenting arrangements are decided by the court under the best-interests standard at the time of the case. No agreement signed in advance can fix them.
Postnuptial Agreements
Couples can also contract after the wedding, often when circumstances change: a business launch, an inheritance, a reconciliation after difficulty. Because spouses owe each other fiduciary duties, postnuptial agreements are reviewed with even greater scrutiny than prenuptial ones. Disclosure, independent counsel, and clean process matter even more.
Not Married? Cohabitation Agreements
Washington courts apply the committed intimate relationship doctrine to long-term unmarried couples, which can lead to a court dividing property acquired during the relationship much as it would in a divorce, a surprise to many couples who assumed "not married" meant "not entangled." A cohabitation agreement lets unmarried partners define their property rights deliberately instead of by litigation.
What a Well-Built Agreement Includes
The document itself is only part of the work. A marital agreement that will still be standing in twenty years is built on a record: complete, written asset and debt disclosure from both parties; a negotiation timeline that shows no one was ambushed; independent counsel for each party; and terms a future judge can read as fair rather than punitive. We also coordinate the agreement with the rest of your legal life, titling of accounts, beneficiary designations, and your estate plan, because an agreement the couple contradicts in practice is an agreement at risk.
Our marital agreement services include:
- Drafting prenuptial and postnuptial agreements
- Independent review when your fiancé(e)'s lawyer drafted the agreement
- Cohabitation agreements for unmarried partners
- Amending or revoking existing agreements
- Enforcing or challenging agreements in dissolution proceedings
Common Questions
How far before the wedding should a prenup be done?
Aim to finish well before the invitations go out: months, not days. Timing goes directly to voluntariness, and a signature obtained under wedding-week pressure is one of the most common reasons agreements fail.
Do we each need our own lawyer?
One lawyer cannot represent both of you. The opportunity for independent counsel is central to procedural fairness, and an agreement where one party had no real chance to get advice is far more vulnerable. The modest cost of a second lawyer is cheap insurance for both parties.
Can we change or cancel the agreement later?
Yes, together. Couples can amend or revoke a marital agreement by a later written agreement, executed with the same care as the original.
Get Started
Whether you are planning a marriage, renegotiating mid-marriage, or building a life together without marrying, contact the Law Office of Chad Foster to put your agreement on solid ground.
Call us at 425.785.8679 or email help@ChadAtLaw.com.