Prenuptial Agreements are recognized as a valid agreement in Washington State, however, in order for the agreement to be enforced or to hold up in court, the contract must be drafted, executed, and completed properly. A defective prenuptial agreement can be thrown out and all issues involved in a divorce will be decided by Washington law and the Court.
A prenuptial agreement is a contract between two people that typically is signed before marriage and will dictate how the spouses will divide their property if they divorce, separate, or even if one spouse dies. The agreement can include but is not limited to, ownership and management of a business, compensation for management, requirements for keeping life insurance, requirements and limitations on spousal support, as well as disposition of property such as a house, bank accounts, or retirement accounts.
Prenuptial agreements can include how child custody and child support will be decided, however, these provisions can be challenged and the Court retains ultimate authority. This means the Court can override any prior agreement with regards to child custody and child support.
Having an attorney assist in the negotiating, drafting, or reviewing of an agreement is important and is always recommended.