Are Post Nuptial Agreements Binding in Washington State

Postnuptial agreements have gained quite a bit of popularity in Washington State over the past few years. But are they legally binding? The answer isn`t as straightforward as you may think.

A postnuptial agreement is a legal document a couple creates after they get married to outline how their assets will be divided in the event of a divorce. In Washington State, postnuptial agreements are recognized as binding contracts as long as they meet certain requirements.

First, both parties must enter the agreement voluntarily and with full disclosure of their assets and debts. If one person is coerced or forced into signing the agreement, it will not be legally enforceable. Additionally, both parties must have the opportunity to seek independent legal counsel before signing the agreement. This means that each spouse should have their own attorney to review the document and ensure that it is fair and reasonable.

Second, postnuptial agreements cannot be unconscionable. This means that the agreement cannot be so one-sided that it would be unfair to one party. For example, a postnuptial agreement that leaves one spouse with nothing while the other keeps all of their assets would not be enforceable.

Third, postnuptial agreements must not violate Washington State law. This means that provisions regarding child custody, child support, and spousal support cannot be included in a postnuptial agreement. Such provisions must be determined at the time of the divorce.

Finally, postnuptial agreements must be in writing and signed by both parties. Oral agreements are not enforceable.

In conclusion, postnuptial agreements are legally binding in Washington State if they meet specific requirements. It`s essential to consult with an experienced family law attorney before signing any legal document to ensure that your rights are protected.