What is a postnuptial agreement?

A postnuptial agreement (also called a postmarital agreement) is a written contract that two married people sign after marriage to define their rights and responsibilities towards one another should the marriage come to an end. Postnuptial agreements are legally binding contracts which set out how the couple will divide their assets, debts, or other property should their marriage end in divorce. They also define which spouse will be responsible for what expenses and outline any other important decisions or requirements related to the marriage. In the state of Washington, a postnuptial agreement is legally recognized as long as it is not executed fraudulently, unconscionably, or under duress. It must be in writing and signed by both spouses, and each spouse must be represented by their own lawyer if they want the agreement to be deemed valid in a court of law. It must comply with all the requirements of the Uniform Postnuptial Agreements Act and must be reasonable. The courts will take into consideration the fairness of the agreement, the reasonable expectation of both spouses, the economic condition of each spouse, and any other relevant criteria when evaluating the agreement. Postnuptial agreements can be beneficial for couples who want to proactively plan for the future of their marriage and find a way to agree on certain matters before potential disputes arise. While it is a good idea to have a postnuptial agreement if there is a chance of divorce, it is important to remember that it is not legally binding until it is signed by both spouses and legally certified.

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What is a postnuptial agreement?

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