Prenuptial Agreements in Tacoma – A Practical Legal Guide for Pierce County Couples

Creating a prenuptial agreement might not be the most glamorous part of planning your wedding, but for couples in Tacoma and throughout Pierce County, it can be one of the wisest decisions you make together. A well-structured prenuptial agreement, or “prenup,” allows partners to define their financial rights, responsibilities, and expectations before marriage, offering clarity and peace of mind no matter what the future holds.

Whether you own a home or business, have children from a prior relationship, or simply want to protect your individual assets, Washington law gives couples the opportunity to draft legally binding agreements that can govern how property is managed and divided in the event of divorce or death. This legal guide will walk you through the relevant statutes, explain how prenuptial agreements work in Washington, and help you understand the steps to making sure your agreement is both fair and enforceable.

Although Washington State has not adopted the Uniform Prenuptial Agreement Act (UPAA), there are several statutes within the Revised Code of Washington (RCW) that collectively define how courts evaluate and enforce prenuptial agreements.

RCW 26.09.070 – Fairness in Separation Agreements
While this statute primarily applies to separation contracts during a divorce or legal separation, courts routinely apply its standards when evaluating prenuptial agreements. 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 RCW 26.09.070 – Separation Contracts

Why it matters: When a court in Pierce County reviews a prenuptial agreement, one of the first questions it will ask is whether the agreement was fair when signed. If one party withheld information or had a significant advantage in bargaining power, the court may choose not to enforce parts, or all of the agreement.

RCW 26.16.250 – Waiving Quasi-Community Property Rights
This law allows couples to waive claims to property that would be considered community property if acquired in Washington but was actually obtained elsewhere. The statute states:
“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: If either spouse brings property into the marriage from another state, a prenuptial agreement in Tacoma can clearly define how that property is handled, potentially preventing disputes down the road.

RCW 26.16.120 – Agreements About Community Property
This statute confirms that spouses have the legal right to create agreements concerning how their community property will be classified or divided. It states:
“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 in Pierce County can use a prenuptial agreement to define what constitutes separate versus community property, or to lay out terms for how assets such as real estate, investments, or future income will be divided in a divorce.

These statutes reinforce the importance of full financial disclosure, fairness, and competent legal counsel. A prenuptial agreement is only as strong as the process used to create it. If you’re considering one in Tacoma or elsewhere in Pierce County, consulting with an experienced family law attorney can ensure your agreement reflects your goals and protects your future.

What are the requirements for a valid prenuptial agreement in Tacoma or Pierce County?
To be legally enforceable in Pierce County and across Washington State, a prenuptial agreement must be entered into freely and voluntarily by both parties. There must be no fraud, coercion, or undue pressure. Each person should fully disclose all assets and liabilities, and ideally, both parties should have separate legal counsel to review the agreement. Signing the prenup well in advance of the wedding helps establish that both individuals had ample time to consider the terms.
Learn more at Washington Law Help – Getting Your Paperwork Ready.

How does a prenuptial agreement affect property division in Washington State?
Washington follows community property rules, meaning assets and debts acquired during the marriage are generally considered jointly owned. However, a prenuptial agreement allows couples in Tacoma to override those default rules. By clearly stating which assets are separate and which are shared, a prenup can help prevent disputes in the event of divorce. Spouses can also agree to waive rights to quasi-community property acquired outside the state.
See RCW 26.16.250: Quasi-Community Property Rights May Be Waived.

Can a prenuptial agreement address child support or custody in Tacoma?
No. Washington law does not allow prenuptial agreements to predetermine 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 best interests of the child at the time of divorce or separation. Any attempt to include binding custody terms in a prenup will not be enforceable.
Learn more at Washington Law Help – Parenting Plans.

What makes a prenuptial agreement enforceable in Washington?
An enforceable prenuptial agreement must be written, signed voluntarily, and based on complete financial transparency. Both parties should be independently represented by attorneys. Courts in Pierce County will also examine whether the agreement was fair at the time it was signed and whether it remains fair at the time of enforcement. Signing it well before the wedding is another factor that supports its validity.
Review helpful legal forms at Washington Courts – Family Law Forms.

What are the pros and cons of prenuptial agreements for couples in Pierce County?
Prenuptial agreements offer key benefits: they promote transparency, protect premarital assets, and reduce the potential for costly legal disputes in the event of a divorce. A prenup can also provide clear guidance on debt responsibility and property division. However, some couples find the process emotionally challenging, and courts may reject any agreement deemed one-sided or outdated. A well-drafted prenup, tailored to your relationship and current laws, is essential.

Thinking About a Prenup in Tacoma? Let’s Talk.
If you're planning to marry and want to safeguard your financial future, working with a knowledgeable Tacoma family law attorney is a smart first step. At the Law Offices of Jason S. Newcombe, we’ve helped countless Pierce County couples create legally sound, fair, and customized prenuptial agreements. With over 50 years of combined experience, our team is here to make the process straightforward and supportive.

Contact us today to schedule your free consultation.

Everyone enters into a marriage with the best intentions of fulfilling their vow, “…till death do us part.” However, it is always good to be prepared for life’s unforeseen hurdles and protect the things for which you’ve worked so hard to acquire. Statistics prove that divorce is still an everyday occurrence, so if you want to protect your assets then you should contact one of our Tacoma prenuptial agreement attorneys and discuss your options.

You can talk to a Tacoma family law attorney from our office that will provide you with information about what a prenuptial agreement entails and how it should be crafted. It’s important to remember that our Tacoma prenuptial agreement attorneys can only create legally binding documents that are fair and balanced. If the agreement is one-sided, biased, or doesn’t reveal all of the necessary information, then the family law court could choose to discard the agreement years down the line.

Our Tacoma prenuptial agreement lawyers have over three decades of combined experience, and they will use their knowledge of family law to write an agreement that will have the best chance of standing the test of time. If you are planning on getting married, or already in a long-term partnership, a Tacoma family law attorney can help you protect the assets you generated from your life’s work.

Don’t neglect to consider addressing this common family law issue and then years from now discover that because things didn’t work out with your spouse, you find yourself having to start over financially.

Our Washington State prenuptial agreement attorneys can craft a document in a variety of ways. The primary goal should be to minimize future family law problems or questions of property ownership. A Tacoma family law attorney can go into detail as to who controls each asset, and how certain properties could be shared by the couple as time goes by. This is a realistic approach to an agreement that will hold up in family law court.

Our Tacoma prenuptial agreement lawyers offer a free consultation so that you can get some more facts without having to make any commitment. Your free consultation will be confidential, and we are more than willing to hear your questions and concerns. If you choose to hire one of our family law professionals they will work to craft an agreement with your best interests in mind, and one that will have the best chance of being legally binding if things go awry in the future.

Contact our Tacoma prenuptial agreement lawyers today and find out how we can do everything legally possible to protect your assets well into the future.