How to Get a Prenuptial Agreement in Washington

The decision to marry your partner can be an exciting moment in your romantic journey. While marriage is a way to show your love and devotion to your significant other, it is also a legally binding contract. In the event that the union does not last, you may want to guarantee that you and your assets are protected. One way to achieve this is by getting a prenup. Review this guide and gain a better perspective on how and why to get a prenuptial agreement in Washington.

How Prenuptial Agreements Work

First, it is important to take a closer look at what a prenup is and why you should consider getting one before your wedding. It is a legally enforceable contract that dictates how your assets will be divided in the event that you and your partner decide to separate or divorce. Assets included in a premarital agreement typically include real estate, personal property, and funds held in bank accounts.

There are a number of reasons to consider a prenuptial agreement. If you and your partner both own a lot of property, this type of contract is a vital way to keep your assets in the event that the marriage does not work out. You may also wish to get a prenup if you have been married before, if you have children from previous relationships, or if you or your partner are bringing a lot of debt into the marriage.

Steps for Getting a Prenup in Washington

Here are four steps you'll need to follow for a Washington prenup:

Step 1: Get the Agreement in Writing

In Washington, it is necessary to get a prenuptial agreement in writing. A verbal commitment is not considered enforceable by law. The prenup must also be signed by both parties. Though not specifically required, it is highly advised that you and your partner sign the agreement while in the presence of a third party, such as a notary public.

Step 2: Bring in Separate Attorneys

The prenuptial agreement should include separate pages for you and your significant other to sign. Additionally, you must both have your legal representatives sign these individual pages. A signature from your attorney helps to prove that you have come to this agreement of your own free will and without any coercion. If one of your attorneys does not sign the document, a judge can later rule that the agreement is not enforceable.

Step 3: Create a List of Assets

Next, you must create a thorough list of all the assets you will be bringing into the marriage. Start with financial assets including the funds in your bank accounts and any stock options you currently hold. You must also note your current income in the agreement. After your finances, detail all of the personal property you own. This can include residential or commercial real estate, vehicles, and high-value items like jewelry or collectibles. Finally, include any existing debts that you might have and any future holdings like a potential inheritance from a relative.

While creating your list, you must also discuss how you will handle your shared financial responsibilities within the marriage. For example, you may use your existing assets to purchase a home that you share together. Your prenup must detail whether your spouse is responsible for reimbursing you for the funds you spend or if the investment will be treated as a gift.

Step 4: Tie the Knot

The last step in creating a prenup is getting married. Since a prenuptial agreement is signed in the contemplation of marriage, it is only legally binding if you go through with the wedding. Terminating the relationship before marriage voids the contract.

Conclusion

There are many angles to consider when you're looking to get a prenuptial agreement in Washington. Be sure to sit down with a licensed legal professional in order to cover all your bases and feel confident in your decision.