Prenuptial Agreements in Everett – A Practical Legal Guide for Snohomish County Couples

Planning a wedding involves love, commitment, and for many Washington couples, a little legal foresight. In Everett and across Snohomish County, prenuptial agreements (or “prenups”) are increasingly viewed not as pessimistic precautions, but as practical tools for building a strong financial foundation. Whether you’re entering the marriage with significant personal assets, business interests, or children from a previous relationship, a prenup can help define expectations and reduce future uncertainty.

Far from being a sign of mistrust, prenuptial agreements foster transparency. They allow engaged couples to decide in advance how property, debts, and income will be treated during the marriage and in the event of divorce or death. These agreements offer clarity and peace of mind, helping prevent legal disputes down the line. Below, we explain how prenups work under Washington law, including the most relevant state statutes that govern their creation and enforcement.

Washington State has not adopted the Uniform Prenuptial Agreement Act (UPAA), but several statutes within the Revised Code of Washington (RCW) provide the legal foundation for valid and enforceable prenups. These statutes apply uniformly across the state, including Snohomish County.

RCW 26.09.070 – Fairness and Enforceability of Separation Agreements
Although this law primarily applies to separation agreements, its standards are regularly used by courts when evaluating the fairness of prenuptial agreements. As stated in the statute:
“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.”
Read RCW 26.09.070 – Separation Contracts

Why it matters: Courts in Snohomish County will consider whether a prenuptial agreement was fair at the time it was signed. If the agreement clearly favors one party or was signed without full financial disclosure, a judge may refuse to enforce it.

RCW 26.16.250 – Waiver of Quasi-Community Property Rights
This statute allows couples to waive their rights to quasi-community property—property acquired outside Washington that would be considered community property if acquired in-state. It 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.”
Read RCW 26.16.250 – Quasi-Community Property

Why it matters: This law gives couples in Everett the ability to legally opt out of Washington’s default property rules and protect separate property acquired before marriage or in another state.

RCW 26.16.120 – Agreements About Community Property
Washington law permits spouses to make legally binding agreements about how community property is defined and divided. As stated in the code:
“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.”
Read RCW 26.16.120 – Community Property Agreements

Why it matters: Couples can use prenuptial agreements to clarify which assets are community property and which remain separate. This can be especially useful in second marriages, or when one or both parties bring substantial financial resources into the relationship.

These statutes collectively support the enforceability of prenuptial agreements in Snohomish County when they are drafted with care, fairness, and full financial disclosure. If you’re considering a prenup in Everett, working with a knowledgeable family law attorney is the best way to protect your interests and ensure your agreement will stand up in court if needed.

What are the requirements for a valid prenuptial agreement in Everett, Washington?
For a prenuptial agreement to be legally enforceable in Snohomish County and throughout Washington State, it must be entered into voluntarily by both parties, without any fraud, pressure, or coercion. Each person should fully disclose their assets and debts before signing. It’s also highly recommended that both parties consult with separate legal counsel to ensure the agreement is fair and properly understood. Signing well in advance of the wedding is another factor courts consider when determining validity.
Helpful Link: Getting Your Paperwork Ready

How does a prenuptial agreement impact property division in Snohomish County?
Washington is a community property state, which means that most property acquired during the marriage is presumed to be jointly owned. However, a valid prenuptial agreement can override this presumption. It can define certain assets or debts as separate property and clarify how both community and quasi-community property will be treated. Courts in Everett will generally uphold these terms if the agreement is equitable and was properly executed.
Helpful Link: Waiver of Quasi-Community Property Rights

Can a prenuptial agreement include terms for child custody or support in Washington?
No. Under Washington law, child custody and child support cannot be predetermined in a prenuptial agreement. These matters are decided based on the best interests of the child at the time of separation or divorce. Even if parenting arrangements are discussed in a prenup, the court is not obligated to follow them.
Helpful Link: Washington Law Help – Parenting Plans

What makes a prenuptial agreement enforceable in Everett?
To ensure that your prenuptial agreement is enforceable in Snohomish County, it must be in writing, signed voluntarily, and based on complete financial disclosure. Each party should be represented by an independent attorney, and the agreement should be finalized well before the wedding. Courts will examine the fairness of the agreement both when it was signed and when it is being enforced.
Helpful Link: Washington Courts – Family Law Forms

What are the pros and cons of prenuptial agreements for couples in Everett?
The benefits of a prenup include financial transparency, protection of pre-marital assets, and a clear plan for handling property or debt in case of divorce. A well-drafted agreement can also reduce conflict and legal expenses. However, drafting one can be emotionally sensitive, and if a court finds the terms one-sided or outdated, it may decline to enforce parts of it. Like any contract, a prenup should be customized to reflect your unique financial circumstances and goals.

Thinking About a Prenup in Snohomish County? Let’s Talk.
If you’re planning a wedding and want to establish clear financial boundaries, a prenuptial agreement may be one of the most important decisions you make. At the Law Offices of Jason S. Newcombe, we offer decades of experience helping Washington couples create personalized, enforceable agreements. Our team is here to answer your questions, protect your interests, and help you move forward with confidence.

When you enter into a marriage, your intentions are to stay married for the rest of your life. Unfortunately, sometimes life can throw curveballs at you and put at risk the assets that you worked hard all of your life to acquire. If this is a concern for you then you should speak with one of our Everett prenuptial agreement attorneys about ways you can protect your property once you’re married.

A prenuptial agreement must be crafted in such a way that it holds up in family court if a divorce becomes inevitable, and this requires help from a knowledgeable Everett family law attorney. To create a contract that will hold up in family law court, our Everett prenuptial agreement attorneys must create an end product that is considered balanced and fair. One sided agreements, or ones that are considered biased toward one party, will be discarded in family court because it did not reveal all of the information required at the time the prenuptial agreement was signed.

If you want to create a contract that has the best chance of holding up after you’ve married for some time, then you need help from Everett prenuptial agreement lawyers who have experience drafting these important documents.

If you want to protect the assets and property that you’ve worked your whole life to acquire and are planning on getting married, protect yourself with help from a Tacoma family law attorney who you can trust.

You can also seek to obtain a prenuptial agreement if you are already married. Don’t let an irresolvable marital issue condemn you to starting over again financially when a solution is just a phone call away.

When crafting a prenuptial agreement, the first order of business should be to settle questions of property ownership. A prenuptial agreement can go into intimate detail concerning assets, who controls them, and how they will be shared as the marriage progresses. This is the kind of agreement, crafted by a qualified Everett family law attorney that has the best chance of being upheld as legally binding.

One thing is certain; before taking any action you should talk to one of our dedicated Everett prenuptial agreement lawyers via a confidential consultation. Our family law professionals will examine your financial situation in detail to craft a document that has the best opportunity of holding up in the future.

Contact us today for a confidential consultation and discover ways to protect your assets.