Our marriage agreement lawyers in Washington State will ensure that your agreement has the best chance of being enforced. California passed the Uniform Premarital Act; However, Washington State has not passed the uniform law. Instead, Washington jurisprudence governs prenutial treaties, and validity and applicability are often necessary when it comes to the specific facts under which agreements were signed, negotiated, and followed up later in marriage. The onus is on the spouse who wants to enforce a prenutial agreement in Washington State to show the parties that they have strictly adhered to the terms of the agreement in good faith. When researching legal, a reliable source for interpreting legislation is consulting a lawyer. However, you can still get an overview of the law by reading a version of the written content in more readable terms. The following table provides a summary of the law that describes Washington`s rules and procedures for prenutial agreements. The courts have introduced a two-pronged test to assess prenups in Washington state. First, the court considers whether the prenup is “fair,” meaning “what a court would do if no prenup had been executed.” Keep in mind that the purpose of most prenups is to deviate from what a court would do, so most prenupacts don`t pass the first point of this test. Nevertheless, some prenups are considered fair and, if so, the court`s analysis ends and the prenup is upheld. In some States, separate property is still allocated to the spouse who owned the property before the marriage or who owned it during his or her marriage by gift or inheritance. This is not the case in Washington State. In some cases, in Washington State, even if a spouse clearly holds separate assets in order to preserve wealth as separate property, the court can still allocate those separated assets to a spouse during divorce or separation proceedings.

Washington State law provides that all property, both separate and communal, will be submitted to the court for divorce and that such assets will be distributed fairly and equitably. There is no definition of what this means and the definition of “fair and equitable” can vary greatly from judge to judge and from district of Washington State to district. The couple then moved to Washington and her husband died. Since the fortune would have been common property if the couple had lived in Washington at the time of the acquisition of the fortune, all property would be considered to belong to the community.