Planning for your financial future may not seem romantic, but for engaged couples in Olympia and throughout Thurston County, a prenuptial agreement is one of the most effective ways to build a stable foundation for marriage. A well-drafted prenuptial agreement—or “prenup”—can provide clarity, protect individual assets, and help avoid future disputes over property and finances. Whether you’re entering marriage with significant wealth or business interests, Washington law gives you the tools to outline your financial expectations before you walk down the aisle.
Prenuptial agreements promote transparency, not distrust. By clearly defining financial roles, property rights, and obligations, a prenup can reduce uncertainty and stress in the event of divorce or death. On this page, you'll learn how prenuptial agreements are treated under Washington law, the key statutes that apply, and what steps you should take to ensure your agreement is both fair and enforceable.
Key Washington Statutes That Govern Prenuptial AgreementsWashington State does not follow the Uniform Prenuptial Agreement Act (UPAA). Instead, several provisions in the Revised Code of Washington (RCW) serve as the legal foundation for enforceability. Below are three of the most relevant statutes for couples in Olympia and Thurston County.
RCW 26.09.070 – Fairness and Enforceability of Separation Agreements
Although this statute specifically addresses separation contracts, its core principles are often used by Washington courts when evaluating prenuptial agreements. As the statute states:
“The parties to a marriage or a domestic partnership… may enter into a written separation contract… unless… the separation contract was unfair at the time of its execution.”
Why it matters:
When reviewing a prenuptial agreement, Thurston County courts will assess whether the terms were fair when the document was signed. If one spouse had substantially more power or failed to disclose assets, the court may choose not to enforce all or part of the agreement.
RCW 26.16.250 – Waiver of Quasi-Community Property Rights
This statute permits spouses and domestic partners to waive or modify their rights to quasi-community property—property acquired while living in another state that would be considered community property under Washington law. The statute reads:
“Both spouses or both domestic partners may waive, modify, or relinquish any quasi-community property… including without limitation, community property agreements, prenuptial and postnuptial agreements, or agreements as to status of property.”
Why it matters:
If you or your future spouse owns out-of-state assets, this statute allows you to determine whether those assets will be considered shared or separate property. A properly drafted prenup can protect property like real estate, retirement accounts, or a family business.
RCW 26.16.120 – Agreements About Community Property
This provision reinforces the ability of married couples to contract around Washington’s default community property laws:
“Nothing contained in any of the provisions of this chapter... shall prevent the husband and wife from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property.”
Why it matters:
Prenuptial agreements can legally classify property as separate or define how shared income and property will be divided in the event of divorce. Courts in Olympia will generally enforce these agreements when they are made voluntarily, fairly, and with full disclosure.
These statutes make it clear that a valid prenuptial agreement in Washington hinges on fairness, transparency, and sound legal drafting. If you’re considering a prenup in Olympia or anywhere in Thurston County, consulting with an experienced family law attorney is essential. A well-crafted agreement not only protects your interests—it also provides peace of mind as you start your life together.
Prenuptial Agreements in Olympia – Frequently Asked Questions for Thurston County ResidentsWhat are the requirements for a valid prenuptial agreement in Olympia?
To be valid and enforceable in Olympia and throughout Thurston County, a prenuptial agreement must be entered into voluntarily by both parties. There must be no fraud, coercion, or undue pressure. Full financial disclosure is essential—both partners must disclose their assets and debts before signing. While not required, it is strongly recommended that each party retain separate legal counsel, and the agreement should be signed well in advance of the wedding to demonstrate that both individuals had time to review and consider the terms.
Resource: Washington Law Help
How does a prenuptial agreement affect property division for couples in Thurston County?
Under Washington’s community property laws, most assets acquired during marriage are considered jointly owned. However, a prenuptial agreement allows couples to designate certain property or income as separate, even overriding quasi-community property rights. As long as the prenup is properly executed and not found to be grossly unfair, courts in Thurston County will generally uphold the terms.
Resource: RCW 26.16.250
Can a prenuptial agreement in Washington include child custody or child support terms?
No. Prenuptial agreements in Washington cannot pre-determine child custody or waive a child’s right to support. These matters are always reviewed by the court and must be decided based on the child’s best interests at the time of separation or divorce. Even if a prenup attempts to address these topics, those provisions will not be enforceable.
Resource: Parenting Plans
How can I ensure my prenuptial agreement is enforceable in Olympia?
For your agreement to hold up in court, it should be in writing, signed voluntarily by both parties, and based on full financial disclosure. Independent legal representation for both partners is highly advisable. The agreement should also be finalized well before the wedding date to avoid any suggestion of last-minute pressure. Washington courts evaluate whether the agreement was fair at the time it was executed—and again at the time it is enforced.
Resource: Washington Court Forms
What are the pros and cons of signing a prenuptial agreement in Thurston County?
Prenuptial agreements offer many advantages, including asset protection, clear financial expectations, and reduced potential for litigation in case of divorce. They can help preserve family inheritances or business interests and make property division more predictable. However, some couples find the process emotionally challenging, and courts may decline to enforce a prenup that is found to be unconscionable or outdated. The agreement should be personalized to your specific goals and circumstances.
Considering a Prenuptial Agreement in Olympia? Let’s Talk.
If you're engaged and ready to plan for a secure financial future, now is the time to speak with an experienced Olympia family law attorney. At the Law Offices of Jason S. Newcombe, we help couples draft prenuptial agreements that are not only legally sound but also fair and customized. With over 50 years of combined legal experience, we’re here to guide you every step of the way.
Contact us today to schedule a free consultation and protect what matters most.