For many couples in Bellevue, prenuptial agreements can be a good way to be clear about expectations before getting married. While Bellevue prenuptial agreements may seem like the last thing a couple would want to discuss before their moment of bliss, they can be a way to avoid heartache during litigation later. Especially in cases where one party brings substantial separate property into a marriage, a Bellevue prenuptial agreement can help, and not hurt a marriage.

Of course, lawyers who draft Bellevue prenuptial agreements are not marital counselors, and they cannot tell you whether the awkwardness of breaching the subject is worth the effort since they cannot measure that “awkwardness”. However, Washington is a community property state, and Bellevue prenuptial agreements are contracts that make clear the separate and community nature of the property brought into a marriage. For example, if a bride owns a condo when she marries, and the parties live in that condo with each contributing some funds toward the mortgage, does the condo convert from her separate to community property? That question would arise in a subsequent divorce or legal separation action, and it may be addressed in a Bellevue prenuptial agreement. The parties might decide in advance that the condo would remain the wife’s separate property, memorialize that agreement in a Bellevue prenuptial agreement, and avoid painful and costly litigation later.

Keep in mind that Bellevue prenuptial agreements must meet certain standards of contract law, and certain special requirements in order to be enforceable. Courts will not enforce a Bellevue prenuptial agreement that was entered into under duress or is unfair on its face. Therefore, it may be worthwhile to consult with an attorney with experience in drafting Bellevue prenuptial agreements.

For more information about McKinley Irvin, or to contact us about your case, click here.