With more people getting married later in life and beginning careers beforehand, some find a Washington State pre-nuptial agreement or cohabitation agreement helpful in achieving clarity before entering into marriage. Traditionally, marriage is a union which springs from love and commitment, making financial arrangements before marriage seem cold and uneasy. However, by discussing financial matters in advance and fully disclosing each other’s expectations, some couples find that a Washington State pre-nuptial agreement can reduce stress and uncertainty, and not only in the event of divorce.

Before deciding to discuss a pre-nuptial agreement with one’s partner, it might be helpful to consider generally what can and cannot be covered by the agreement. For instance, the parties to a Washington State pre-nuptial agreement can identify the separate property that each spouse brought into the marriage. Identifying such property has implications both for its use during marriage and its distribution in the event of divorce or separation. Conversely, the parties to a Washington State pre-nuptial agreement cannot make arrangements for child custody, child support, or spousal maintenance in the event of divorce. The law covering the Washington State pre-nuptial agreement follows this rule because the legal standards in custody and support weigh heavily on the factual context which develops during the relationship. The ability to contract on such matters beforehand would defeat the underlying policies which protect spouses and children.

The second main consideration for a Washington State pre-nuptial agreement is whether the agreement will be enforced in the event of divorce or separation. Courts are suspicious of agreements not made at arms length and on equal terms in domestic cases. Thus, under Washington State pre-nuptial agreement law, courts scrutinize the circumstances under which each Washington State pre-nuptial agreement is made to determine whether the terms are fair, whether each party had sufficient opportunity for legal counsel, and whether any degree of coercion, like a wedding day surprise, was involved.

While considering these two factors might give you something to think about, the law governing the Washington State pre-nuptial agreement is much more complex than is discussed here. If you are considering whether to use a Washington State pre-nuptial agreement or a Washington State cohabitation agreement, also consider discussing your case with a qualified family law attorney.

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