If you and your spouse are thinking about a postnuptial agreement in Washington State, you’re not alone. Life changes swiftly and constantly, giving couples many reasons to sign a postnup. The occurrence of major life events such as giving birth, a loved one dying, selling or starting a business can trigger a desire for a postnup, as well as updating estate planning documents and new immigration concerns. A well‑drafted postnup can reduce uncertainty and preserve autonomy while you focus on your relationship. Do I even need a postnup in Washington? And what steps can I take to help ensure my postnup is valid and enforceable? Keep reading to learn more about postnups and to find the answers to your questions.
What is a postnuptial agreement?
A postnuptial agreement is a written contract between spouses made after marriage that sets out how property, debt, and sometimes support will be handled during the marriage or if the marriage ends. Washington follows contract principles, state statutes, and case law when deciding whether a postnup is enforceable. While Washington does not have a single, sweeping statute named for premarital or postmarital agreements as some states do, courts will look to the agreement’s form, voluntariness, fairness, and disclosure when called upon to enforce it.
Why would I even need a postnup in Washington?
People think marital agreements are only for the ultra wealthy, but postnups serve many practical needs. Common life events, like buying a business, inheriting family property, receiving a significant settlement, or an unexpected hurdle in your marriage, often create new financial complexities that couples want to manage. A postnup can specify how a business will be treated if you divorce, protect premarital inheritances, set expectations for debt responsibility, or create a roadmap for spousal support. In short, a postnup translates conversations about money and fairness into a clear plan that reduces conflict and litigation risk later. It can also protect family members’ interests when one spouse stands to inherit property or to keep a legacy business running without jeopardizing marital fairness.
Another reason why postnups are a smart step for Washington couples to take is because Washington is a community property state. This means that if a couples divorces without a prenuptial or postnuptial agreement, the state presumes that all property earned or acquired during the marriage is community property and splits that property equally (50/5). This might not fit with either spouse’s desires. Signing a postnup lets you retain control over how your assets might be distributed in the future.
Basic legal requirements and best practices
To maximize the likelihood that a Washington postnup will be enforced, keep these points front and center.
- In writing and signed. The agreement should be in writing and signed by both spouses. Oral agreements are risky and difficult to enforce.
- Full and fair financial disclosure. Full and fair disclosure matters. List assets, liabilities, income, and significant financial obligations, or include an attached schedule of financial documents. Courts in Washington have enforced agreements where both parties had adequate notice of the other’s finances; conversely, surprise or hidden assets can lead to a court refusing enforcement.
- Voluntary signatures. Voluntariness is critical. The agreement should reflect that each spouse entered into it freely, ideally with time to review, an opportunity to seek independent counsel, and without pressure, fraud, or misrepresentation.
- Not unconscionable. The terms should not be unconscionable when enforced. Extremely one‑sided deals made under circumstances that shock the conscience may be set aside.
- Notarization. Sign your postnup in front of a notary public.
Additionally, ensure that standard contract protections are included, such as a choice of law provision, a severability clause, and clear definitions. Consult an attorney in Washington who has experience with postnuptial agreements to help ensure that your contract is drafted to meet your needs and to meet state legal requirements.
Can I draft my own postnup?
Technically, yes. You can draft your own postnuptial agreement in Washington. But DIY documents are risky. Courts scrutinize not only the words on the page but also whether each party understood the consequences and had adequate disclosure and freedom to decide what is best for themselves. A template might overlook state-specific issues, fail to attach necessary financial schedules, or inadvertently steer you away from signing procedures you need to follow in Washington. A self‑drafted agreement may be more likely to be challenged and reversed later when you need it the most. If cost is a concern, consider a limited‑scope attorney review. You can have a lawyer check your draft and add targeted language to strengthen enforceability. That’s a cost‑effective middle ground between full representation and going it alone. If you do choose to go the DIY online template route, make sure that the platform you use specifies their agreements to your state’s laws. A one-size-fits-all postnup is risky to say the least.
Can we share a postnup attorney?
Sharing one attorney to draft an agreement that benefits both spouses raises ethical and enforceability concerns. In Washington, as in most states, an attorney representing both spouses creates a conflict of interest because each spouse ideally needs independent advice about rights and risks. A court may view a shared lawyer as undermining the voluntariness or fairness of the agreement, especially if a later dispute arises. Best practice is for each spouse to have the opportunity for independent counsel. If one spouse declines independent counsel after being advised of the right to it, document that declination in writing. This is called a “waiver of counsel” or “waiver of legal representation.” This helps protect the agreement by showing both parties had the chance to seek advice.
Where can I find a postnup lawyer in Washington?
Look for family law attorneys with experience in marital agreements and contract drafting. Start with local bar association referral services, the Washington State Bar Association referral services, or trusted online lawyer directories that include client reviews and attorney bios. Ask prospective lawyers whether they regularly draft postnuptial agreements, how they handle financial disclosure, and whether they coordinate with estate, tax, or immigration counsel when necessary—many enforceable agreements benefit from that multidisciplinary approach. If cost is a concern, inquire about flat‑fee packages, unbundled services (limited scope representation), or a document review-only option. Because our firm works with a nationwide network of family lawyers, we can also connect you to Washington counsel experienced with postnuptial agreements.
Final thoughts on the legal requirements for a valid and enforceable postnup in Washington
A postnuptial agreement in Washington provides a way to stay in control of your assets regardless of what the future holds. Done right, a postnup reduces stress, clarifies expectations, and protects both partners and their families. Because enforceability hinges on fair terms, full financial disclosure, and voluntary signatures,, involve experienced attorneys, preferably lawyers who regularly work with marital agreements, to tailor your agreement to Washington law and your life. Making the decision to enter into a postnuptial agreement can be an exciting step for you and your partner. A postnup can be a refreshing reset for your commitment to one another setting clear guidelines while sharing your true desires and intentions, and creating a roadmap for the future.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
0 Comments