Prenuptial, Postnuptial, Domestic Partnership and Cohabitation Agreements

Divorce rates in the United States remain high. Naturally, almost no couple plans to get divorced before they get married. However, in some cases a couple can greatly benefit from some form of relationship agreement, such as a prenuptial agreement, postnuptial agreement, domestic partnership agreement, or cohabitation agreement. By making relationship agreements before marriage about how property and finances should be divided if the marriage ends, parties can potentially avoid expensive and confrontational divorce litigation.

When contemplating relationship agreements, a main consideration is whether the agreement will be enforced. Our divorce and family law attorneys have drafted many prenuptial agreements, domestic partnership agreements, cohabitation agreements, and post-nuptial agreements for the benefit of couples who desire clarity about their finances going forward in a relationship. We can advise you on the following factors that the court will consider when enforcing such agreements:

Are the subjects of agreement enforceable?
Will I be able to support myself?
Did the parties enter into the agreement without coercion?
Did each party fully disclose assets prior to entering the agreement?
Are the provisions fair enough to hold up over time?

These are just some of the factors involved, and much depends upon the circumstances of each case.

Our divorce attorneys have also challenged the validity of many relationship agreements over the years. Washington courts do not favor prenuptial agreements and will disregard them under certain conditions. There are several factors that can render a prenuptial agreement void or voidable. These factors are important to understand during both the drafting of the agreement, as well as at the end of the marriage or other relationship.

McKinley Irvin family law attorneys have assisted many clients in reviewing, negotiating, drafting, challenging, and enforcing relationship agreements. Our lawyers are thoroughly familiar with Washington State family law and relationship contract law, and are thus in a unique position to represent clients in this area of the law. If you wish to create, challenge, or enforce a prenuptial agreement, domestic partnership agreement, post-nuptial agreement, or cohabitation agreement, we invite you to contact our firm for an appointment.

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