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Free Prenuptial Agreement Template for Washington

A Washington Prenuptial Agreement form is a legal document that couples create before marriage to outline how their assets and debts will be handled in case of divorce or separation. This agreement can help protect individual property and clarify financial responsibilities. Understanding this form is essential for anyone considering marriage in Washington State.

Form Sample

Washington Prenuptial Agreement

This Prenuptial Agreement is made on this ___ day of __________, 20___, between:

Party A: ____________________, residing at ________________________.

Party B: ____________________, residing at ________________________.

This agreement is intended to clarify the financial arrangements between the parties entered into marriage in accordance with the laws of the State of Washington.

Recitals

The parties declare as follows:

  • The parties intend to marry on or about ____________.
  • Each party has made a full and fair disclosure of their financial situation.
  • The parties wish to outline their rights and obligations regarding property and financial matters.

Agreement

  1. Separate Property
  2. The following shall remain the separate property of each party:

    • Party A’s separate property includes: _______________.
    • Party B’s separate property includes: _______________.
  3. Joint Property
  4. Any property acquired during the marriage shall be considered joint property, including:

    • Joint bank accounts, if created.
    • Real estate purchased during the marriage.
  5. Debts
  6. Each party shall be responsible for their respective debts incurred before and during the marriage. Specify as follows:

    • Party A’s debts: _______________.
    • Party B’s debts: _______________.
  7. Amendments
  8. This Agreement may be amended or revoked only by a written agreement signed by both parties.

  9. Governing Law
  10. This Agreement shall be governed by the laws of the State of Washington.

IN WITNESS WHEREOF, the parties have executed this Prenuptial Agreement as of the date first above written.

Party A Signature: _______________________ Date: ___________

Party B Signature: _______________________ Date: ___________

Witness Signature: _______________________ Date: ___________

Misconceptions

  • Misconception 1: Prenuptial agreements are only for the wealthy.

    This is not true. Prenuptial agreements can benefit couples of all financial backgrounds. They help clarify financial responsibilities and expectations, regardless of income level.

  • Misconception 2: Prenuptial agreements are only necessary if you have significant assets.

    While they are often associated with high-value assets, prenuptial agreements can address debts, income, and property acquired during the marriage. They provide a framework for managing financial matters.

  • Misconception 3: Prenuptial agreements are only enforceable if signed well in advance of the wedding.

    Although it is advisable to sign a prenuptial agreement ahead of time, agreements signed shortly before the wedding can still be valid. However, this may lead to questions about coercion or lack of proper consideration.

  • Misconception 4: A prenuptial agreement can waive all rights to spousal support.

    While a prenuptial agreement can address spousal support, it cannot completely eliminate a spouse's right to seek support in every situation. Courts may still enforce support obligations based on circumstances.

Key takeaways

When filling out and using the Washington Prenuptial Agreement form, keep the following key takeaways in mind:

  1. Full Disclosure: Both parties must fully disclose their financial situations, including assets, debts, and income.
  2. Voluntary Agreement: Each party should enter the agreement voluntarily, without any pressure or coercion from the other party.
  3. Legal Counsel: It is advisable for both parties to seek independent legal advice to ensure understanding and fairness.
  4. Written Format: The agreement must be in writing to be enforceable. Oral agreements are not sufficient.
  5. Signatures Required: Both parties must sign the agreement for it to be valid. Witnesses are not required but can add credibility.
  6. Review Period: Allow sufficient time for both parties to review the agreement before signing, ideally at least a few weeks.
  7. Updates and Revisions: The agreement can be updated or revised in the future if both parties agree in writing.
  8. Enforceability: Courts may not enforce provisions that are deemed unfair or unconscionable at the time of divorce.

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