Understanding Prenuptial Agreements in Washington State

Considering a prenuptial agreement may not be the most romantic part of planning a life together, but for many couples in Washington State, it’s one of the most responsible. A well-crafted prenuptial agreement, commonly called a "prenup," can provide clarity, peace of mind, and financial protection in the event of divorce or death.

Whether you're entering marriage with significant assets, own a business, have children from a previous relationship, or simply want to define your financial rights and responsibilities in advance, Washington law allows couples to create legally binding agreements that reflect their individual needs and priorities.

This page explains what prenuptial agreements are, how they work under Washington State law, and what to consider before signing one so you can make informed decisions with confidence and clarity.

Prenuptial agreements in Washington State are governed by several statutes that collectively define how couples may structure financial arrangements before and during marriage. While Washington does not have a separate Uniform Prenuptial Agreement Act (UPAA) like some states, existing state laws provide a framework for enforcing agreements between spouses—as long as they meet legal standards of fairness, voluntariness, and full disclosure.

While this statute primarily addresses separation agreements during or after a marital dissolution, its principles are often used by courts when evaluating prenuptial agreements. Under Washington law:

“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 of RCW 26.09.070

What it means: This statute illustrates the court's commitment to ensuring that agreements between spouses, whether during separation or as part of a prenup, are not one-sided or exploitative. If a prenuptial agreement results in an outcome that is extremely unfair to one party, especially considering their financial position at the time of signing, a judge may decline to enforce some or all of the agreement.

Washington recognizes “quasi-community property,” which refers to property acquired by either spouse while living outside Washington that would have been considered community property had it been acquired in-state. According to the statute:

“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 of RCW 26.16.250

What it means: This statute allows spouses and prospective spouses to waive rights to property that would otherwise be shared under Washington’s community property laws. Through a valid prenuptial agreement, one party may choose to give up any future claim to certain assets owned or acquired by the other party, even if those assets would normally fall under shared marital property rules.

This statute supports the legal enforceability of private agreements regarding community property:

“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 of RCW 26.16.120

What it means: Even after marriage, spouses can legally define how their community property will be treated, divided, or inherited. This is particularly relevant to prenuptial agreements that include terms for the treatment of income, real estate, retirement accounts, and other jointly acquired assets. As long as both parties agree and the terms are lawful and fair, the agreement can override the default community property rules in Washington.

Understanding these statutes is essential for anyone considering a prenuptial agreement in Washington. A legally sound agreement must be drafted with care, full disclosure, and fairness in mind—ideally with guidance from a knowledgeable family law attorney.

What are the requirements for a valid prenuptial agreement in Washington State?
To be valid in Washington State, a prenuptial agreement must be entered into voluntarily by both parties, with full disclosure of assets and debts, and without coercion or fraud. Each person should ideally have independent legal counsel to ensure fairness.

Courts will also consider whether the agreement was signed well in advance of the wedding. If these elements are present, the agreement is more likely to be upheld.

Learn more at Washington Law Help – Getting Your Paperwork Ready.

How does a prenuptial agreement affect property division in Washington State?
Prenuptial agreements allow couples to define how property and debt will be divided if the marriage ends. Washington is a community property state, but spouses can use a prenuptial agreement to designate certain assets as separate property or to waive rights to quasi-community property. Courts will generally uphold these agreements if they are fair and properly executed.

See RCW 26.16.250: Quasi-Community Property Rights May Be Waived.

Can a prenuptial agreement cover child support or custody in Washington State?
No. In Washington, prenuptial agreements cannot predetermine child custody or waive a child’s right to financial support. These matters are always subject to the court’s review and must be decided based on the best interests of the child at the time of divorce or separation.

Read more about parenting plans and custody at Washington Law Help – Parenting Plans.

How do I ensure my prenuptial agreement is enforceable in Washington State?
To maximize enforceability, both parties should be represented by independent attorneys, fully disclose their financial situations, and sign the agreement well before the wedding. The agreement should be in writing and entered into without pressure or deception. If it appears fair and follows public policy, courts are more likely to uphold it.

For legal forms and guidance, visit Washington Courts – Family Law Forms.

What are the benefits and drawbacks of a prenuptial agreement in Washington State?
Benefits include clarity around financial responsibilities, protection of separate property, and reduced conflict during a potential divorce. Drawbacks may include emotional discomfort and the possibility that courts will find the agreement unfair or outdated. A well-drafted prenup tailored to your circumstances can prevent future disputes, but it’s not a one-size-fits-all solution.

If you're considering entering into a prenuptial agreement in Washington State, the smartest move you can make is to get clear, experienced legal advice before signing anything.

At the Law Offices of Jason S. Newcombe, we help couples protect their futures with well-crafted agreements that stand up in court. With over 50 years of combined legal experience, our team understands the nuances of Washington family law and will guide you through every step of the process.

Contact us today to schedule your free consultation

While no one enters into a marriage believing that it will one day come to an end, it’s still wise to protect to the assets you worked your whole life to acquire. Unfortunately, divorce is a common occurrence in Washington that can happen to anyone, and when it does it is often by surprise. If you would like to protect your property before entering into a marriage you should discuss your options with one of our Washington prenuptial agreement attorneys.

A Washington family law attorney from our professional law firm can help you craft a prenuptial agreement that has the best chance of being upheld by the court. Our Washington prenuptial agreement attorneys can only create a contract that is fair and balanced because if it is biased in any way, it could be considered invalid in family court at a later date.

With decades of combined experience, our Washington prenuptial agreement lawyers can utilize their extensive legal knowledge on your behalf. Whether you are already in a long term partnership or you’re panning your own marriage, a Washington family law attorney can help you protect your assets from an unforeseeable event.

The last thing you want is to find yourself having to start over financially, so even though you have the best intentions in regards to your Washington partner don’t let yourself be caught off guard.

There are a number of methods that our Washington prenuptial agreement lawyers can follow when developing a contract. The main focus is to minimize future problems with family law issues or questions of Washington property ownership. When your Washington family law attorney drafts your contract they will detail who controls each asset and how properties will be shared by the married couple as time passes. If you want your contract to hold up in Washington family court then it must be created with this kind of realistic approach.

You can talk to one of our Washington prenuptial agreement lawyers today by contacting us to arrange a free consultation. This evaluation of your particular circumstances will be confidential, and it will give you a chance to get some valuable legal information without risk or cost. If you choose to work with one of our family law professionals, they will develop an agreement that has the best chance of standing up to the challenges of time.

Protect your assets by contacting us before you say, “I do.”