Prenuptial Agreements in Seattle – A Practical Legal Guide for King County Couples

While a prenuptial agreement might not top your wedding planning list, it’s one of the smartest legal tools for protecting your future. For engaged couples in Seattle and throughout King County, a thoughtfully drafted prenuptial agreement, or “prenup,” can provide structure, clarity, and peace of mind in the face of life's unpredictability. Whether you're entering marriage with significant assets, own a business, or want to avoid future disputes over property division, Washington law allows you to formalize your financial expectations before saying "I do."

Prenuptial agreements are about transparency, not mistrust. They give couples the opportunity to define financial roles and protect individual property interests, often reducing stress and uncertainty in the event of divorce or death. This page walks you through how prenups are treated under Washington law, what statutes apply, and what to consider to ensure your agreement is enforceable and fair.

Washington does not follow the Uniform Prenuptial Agreement Act (UPAA), but several key statutes in the Revised Code of Washington (RCW) govern the enforceability and content of prenuptial agreements. Below are the most relevant sections of law for couples in Seattle and King County.

Although RCW 26.09.070 focuses on separation agreements, its principles are frequently applied by courts when reviewing prenuptial agreements for fairness. According to 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 the full text here: RCW 26.09.070 – Separation Contracts

Why it matters: Courts reviewing a prenup for enforceability will consider whether the agreement was fair when it was signed. If one party had significantly more bargaining power or withheld important financial information, the court may strike down parts, or all of the agreement.

In Washington, property acquired in another state that would be considered community property in Washington is known as quasi-community property. This statute allows couples to waive or modify their interest in such property by agreement:

“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 the full text here: RCW 26.16.250 – Quasi-Community Property

Why it matters: This gives future spouses the ability to define property rights before marriage, even for assets acquired out of state. A prenup can help protect business interests, investment portfolios, or real estate acquired before marriage.

This statute makes it clear that spouses can legally agree to alter how their community property will be handled:

“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 the full text here: RCW 26.16.120 – Community Property Agreements

Why it matters: Couples in Seattle can use prenuptial agreements to assign certain assets as separate or determine how shared income and property will be divided in case of divorce. As long as the agreement is fair, voluntary, and fully disclosed, Washington courts will generally uphold it.

These statutes underscore the importance of full disclosure, fairness, and careful drafting. If you’re considering a prenuptial agreement in King County, having experienced legal guidance ensures your contract will be tailored to your situation and far more likely to be enforceable if needed.

What are the requirements for a valid prenuptial agreement for people in Seattle?
To be enforceable in King County and across Washington State, a prenuptial agreement must be entered into voluntarily by both parties, free of pressure, fraud, or coercion. Each party should fully disclose their assets and liabilities, and the agreement should ideally be reviewed by separate legal counsel. Signing the agreement well in advance of the wedding can help demonstrate that both parties had time to review and consider the terms.

Getting Your Paperwork Ready.

How does a prenuptial agreement affect property division for Seattle couples?
Washington’s community property laws presume that most property acquired during the marriage is jointly owned. However, a prenuptial agreement can override these default rules by classifying assets and debts as separate property. Couples can also agree in advance to waive their rights to quasi-community property acquired in another state. Courts will generally honor these terms as long as the agreement was fair and properly executed.

Waiver of Quasi-Community Property Rights.

Can a prenuptial agreement cover child support or custody in Washington?
No. Washington law does not allow prenuptial agreements to decide child custody or waive a child’s right to support. These issues are always subject to judicial review and must be determined based on the child’s best interests at the time of divorce or separation. Even if custody terms are included in a prenup, the court is not bound by them.
More information about parenting Plans.

How do I make sure my prenuptial agreement is enforceable?
A prenuptial agreement is more likely to be upheld if it is in writing, signed voluntarily by both parties, and based on complete financial disclosure. Both individuals should be represented by their own attorneys, and the agreement should be finalized well before the wedding. Courts will look at the fairness of the agreement both at the time it was signed and when it is enforced.

Important Family Law Forms.

What are the benefits and drawbacks of a prenuptial agreement for Seattle couples?
The main benefits include financial transparency, protection of separate property, and reduced litigation in the event of divorce. Prenups can also outline how debts and assets will be divided, which can minimize future disputes. On the other hand, some couples may find the process emotionally difficult, and courts may decline to enforce an agreement that appears unfair or outdated. Like any contract, a prenup should be customized to your unique situation.

Considering a Prenup in Seattle? Let’s Talk.
If you're preparing to marry and want to protect your financial future, speaking with a knowledgeable family law attorney is the first step. At the Law Offices of Jason S. Newcombe, our legal team brings over 50 years of combined experience to prenuptial agreements and all areas of Washington family law. We’ll help you create an agreement that’s legally sound, fair, and tailored to your goals.

Divorce is as common today as it ever was, so it's important to look at the facts realistically before making the decision to get married. While everyone enters into a marriage union with intentions of being with their spouse for the rest of their days, unforeseen events may cause you to enter into divorce proceedings unexpectedly at a future date. Many people with significant assets understand that a prenuptial agreement may be the only way to protect their assets before entering into a marriage. Our Seattle prenuptial agreement lawyers can help you review and determine the best way to legally protect your assets, and your future.

There are many commonly held misconceptions about how prenuptial agreements work, so it is vital that you speak with one of our qualified Seattle family law attorneys about your specific situation. Every prenuptial agreement must be fair and balanced, and this requires the skills of experienced Seattle prenuptial agreement attorneys who understand what is truly fair and balanced. If your agreement only considers your personal interests, or fails to reveal certain facts about your assets, the Washington court will likely render the contract void when it's needed most.

Our Seattle prenuptial agreement lawyers recognize the need to create a contract that will stand the test of time, and with over 30 years of collective experience writing prenuptial agreements in Washington we understand the subtleties of this process. If you are in a long-term partnership, or planning to get married, you can get help today from one of our Seattle family law attorneys.

If you fail to protect your assets now and then are faced with the divorce years down the road, the impact on your finances could be severe.

Our Seattle attorneys will review different methods for crafting a prenuptial agreement specifically to your needs, but our primary goal is always to minimize problems that could arise with the document if a divorce takes place. It is vital that your Seattle family law attorneys thoroughly detail who controls every asset, and how those assets will be shared with your spouse as the marriage matures. This is a realistic approach to crafting a prenuptial agreement, and it gives your contract a better chance of being recognized by the court as time goes on.

You can schedule a free consultation with one of our Seattle prenuptial agreement lawyers to discuss your situation today. Without obligation, you will be able to ask questions concerning the law, and then use that information to decide whether a prenuptial agreement is wise for your situation.

Our Seattle prenuptial agreement attorneys will work diligently to craft a document that has the best chance of being legally binding as the years progress. Contact our office in Seattle today and find out how you can protect your assets before walking down the aisle.