What is a post-marital agreement?

A post-marital agreement is a document created between two people who are either married or in a domestic partnership. It sets out the rights and responsibilities of each person in regards to their property, finances, and other assets in the event of separation, divorce, or death. In Washington, post-marital agreements are legally binding if both parties have voluntarily entered into it and have provided full disclosure of assets and income. Additionally, the agreement must be in writing, notarized, and both parties must have independent legal representation when signing it. A post-marital agreement typically sets out a plan for the division of assets and debts, property ownership, and support after one of the parties dies or the marriage or domestic partnership ends. It can also include issues such as child custody, child support, visitation, spousal maintenance, and how certain assets will be divided. Post-marital agreements can be modified or revoked at any time, as long as the change is documented in writing and signed by both parties. If a court finds that either party entered into the agreement involuntarily, or if one of the parties did not make full disclosure of their assets, the agreement may not be legally binding.

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What is a post-marital agreement?

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