Prenuptial Agreements in Washington: What They Are and Why They Matter
Talking about a prenuptial agreement (or “prenup”) before marriage isn’t always romantic—but it can be one of the most practical and respectful steps a couple takes. In Washington, where community property law applies, a prenup allows couples to define their own rules about property, debt, and financial expectations before they say “I do.”
What Is a Prenup?
A prenuptial agreement is a written contract made between two people before marriage. It typically covers:
How property and debts will be divided if the marriage ends in divorce
Whether certain assets will remain separate property
Spousal support expectations
Protection for family businesses or inheritances
Why Consider a Prenup in Washington?
Washington is a community property state, which means most property acquired during marriage is owned equally. Without a prenup, state law will dictate division if divorce occurs.
Reasons couples use prenups include:
Clarity: Setting financial expectations from the start.
Protection: Keeping premarital assets, inheritances, or businesses separate.
Fairness: Customizing arrangements that better fit the couple’s circumstances than the default law.
Peace of mind: Reducing uncertainty if the marriage ends.
Pros of a Prenup
Defines property and debt ownership clearly
Can protect children from a prior relationship
Reduces potential conflict if divorce occurs
Encourages open financial conversations before marriage
Cons of a Prenup
May feel unromantic or uncomfortable to discuss
Must be done carefully—improperly drafted prenups may be unenforceable
Requires both parties to disclose finances fully and voluntarily agree
Requirements in Washington
For a prenup to hold up in court, it generally must be:
Voluntary (no coercion or pressure)
Fair and reasonable at the time it was signed
Transparent with full disclosure of assets and debts
Final Thought
A prenuptial agreement isn’t about expecting a marriage to fail—it’s about creating a foundation of trust, clarity, and mutual respect. Like estate planning, it’s a way of protecting yourself, your spouse, and your future together.
