What is antenuptial/prenuptial agreement?
An antenuptial or prenuptial agreement, often referred to as a “prenup”, is a contract made between two people before they get married. This agreement typically outlines what will happen to assets and debts if the couple gets divorced. It is important to note that the agreement is not legally binding in the state of Washington. In Washington, the courts have the right to override a prenuptial agreement if it is found to be unfair or unjust. It is important to keep in mind that the court will look very closely at the agreement and make sure that its terms are not contrary to public policy or unfair. In order for a prenuptial agreement to be valid, it needs to be in writing, signed by both parties and notarized. The agreement should also indicate that both parties had access to separate lawyers, or that the parties voluntarily waived the right to counsel. Additionally, the agreement should include a complete financial disclosure for both parties. Prenuptial agreements are becoming increasingly common in Washington, as a way for people to protect themselves in the event of a divorce. It’s important to remember that a prenuptial agreement does not guarantee a successful marriage and it cannot prevent a divorce. However, for those who have considerable assets and/or debts, a prenuptial agreement can provide an extra layer of protection in the event of a divorce.
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