You’re getting hitched in scenic Evergreen state and you’re wondering what to include in your prenup so it holds up against all the beautiful hikes, the famous Mount Rainier, and beautiful Seattle. Here is some information you need to know about Washington state prenups, including terminology and links to the Washington state family law handbook, that contains all the fine print.
In the great state of Washington, the laws that control marital rights are found in the Revised Code of Washington, Chapter 26.04. A listing of these laws is also conveniently available online at the Washington Legislature’s website at www.leg.wa.gov, under “Laws and Agency Rules.”
Same sex couples have been able to marry in Washington since 2012. It was not until 2015 that marriage equality became a legal right across the nation. Thankfully today, same sex couples can legally marry in any state and in doing so have the same benefits and protections as heterosexual couples. Where the same sex couple lives or where they get married no longer matters, because each state must recognize same sex marriages even if the couple was married in a different state. Cheers to that, Washington
A prenuptial agreement (referred to as a prenuptial agreement or a marital agreement in Washington) is a private contract between two people who plan to marry.A prenuptial or marital agreement in WA is more likely to be enforced by a Washington court if the agreement is fair and if both spouses have been honest and clear about their finances, including their salary, other income, possessions, property, and debt in their financial schedule. If a couple does not follow the terms of their agreement while they are married, this can make the agreement unenforceable.
Attorneys are not required to draft a prenuptial agreement in Washington. However, the presence of attorneys may help ensure enforcement. If you or your fiancé have questions or concerns about your legal rights with respect to the agreement, it is a good idea for you to consult independent legal counsel.