• David Starks
• Marc T. Christianson
• Jennifer J. Payseno
• Susan J. Shulenberger
• Justin Sedell
• Kim Schnuelle
• Lisa Dufour
• Sharon L. Friedrich
• Laura Carlsen
• Elizabeth Bianchi
• Jessica T. Moore
• Annelisa Smith
• Jamie Walker
• Christina Smith
• Lindsay Noel
• Krista Stipe
• Lindsay Camandona
• Rita Herrera Irvin
• Sands McKinley

Prenuptial Agreements

A Prenuptial Agreement is a written contract entered into by a husband and wife prior to marriage. A postnuptial agreement is similar, except that it is executed after the parties are married. These agreements address such issues as property and debt classification and distribution in the event of divorce. A Prenuptial Agreement cannot contain provisions regarding a future parenting plan, nor can it address issues of spousal maintenance or child support.

The decision whether to enter into a Prenuptial Agreement prior to marriage is a highly personal one. On the one hand, no one wants to address divorce while they are getting married. On the other hand, an agreement prior to marriage can help a couple understand each other's expectations about the areas covered in the agreement.

The courts scrutinize Prenuptial Agreements very closely. An agreement will be deemed invalid if it is patently unfair to one party or if there was a procedural unfairness in the signing of the agreement. For example, each party must be advised that he or she has the right to seek independent counsel prior to signing. Also, there must adequate time for each party to consider the legal ramifications of signing the Prenuptial Agreement. Courts recognize that a party should not be coerced into signing an agreement by being presented with one just prior to marriage. If the court determines that either the Prenuptial Agreement itself is unfair on its face or that procedural unfairness was involved in the signing of the agreement, the agreement will be deemed invalid.

Because of the legal issues surrounding what can and cannot be addressed in a prenup, and of the issues involved in whether a prenup will be enforced by a court, a competent Seattle divorce attorney should be consulted before signing a Prenuptial Agreement. A pre or postnuptial agreement, if handled appropriately and if the parties truly enter into a mutual agreement, can serve the best interests of both parties in a marriage.