There’s something about Washington weddings that feels cinematic. Maybe it’s the misty backdrop of the Cascades, the ferry rides across Puget Sound, or the moody sunsets over the Olympic Peninsula. But as dreamy as the setting may be, the practical questions still come into play when you’re planning to merge your life with someone else’s life. What happens to our finances after “I do? And if we want a prenup, how much will it cost in Washington? Keep reading to find the answers to your questions and to learn more about prenuptial agreements in the state of Washington.
How is property divided in a divorce without a prenup in Washington?
In Washington, prenuptial agreements (often called “premarital agreements”) are used to outline how property, debts, and sometimes spousal maintenance will be handled if the marriage ends in divorce or death. Washington is one of just nine community property states in the U.S. This means that most property acquired during the marriage is considered equally owned by both spouses and will generally be split equally upon divorce. Without a prenup, that “50/50” rule usually applies to marital property, even if one spouse earned significantly more during the marriage or bought certain assets in their name alone. In certain circumstances, a court will deem separate property as part of the marital estate and the couple will need to split that property as well.
A prenup lets you contract around those default rules. You and your partner, instead of state law, get to be the author of how finances are divided in a future divorce. For example, you can agree that a home purchased before the marriage stays separate property, or that future income from a business one spouse owns won’t be divided in divorce. Washington courts have long upheld this ability to deviate from community property rules provided the agreement is fair and entered into voluntarily.
How much does a prenup cost in Washington?
There’s no one-size-fits-all number, but most couples in Washington spend $1,500 to $3,500 per attorney for a standard prenup. That’s between $3,000 to $7,000 per couple. That price usually covers drafting, revisions, and final execution. For more complex agreements that involve multiple properties, business ownership, expected inheritances, and lengthy back-and-forth negotiations, the price can rise to $5,000 to $10,000 or more per person. Several factors influence this range in cost:
- Complexity of Assets: A couple with a joint savings account and one house will have a simpler prenup than one involving stock options, closely held businesses, and multiple real estate investments.
- Negotiation Time: If you and your fiancé agree on most terms, the process is faster and cheaper. If negotiations involve multiple revisions, costs increase.
- Attorney Experience and Location: Seattle attorneys generally charge more than those in Spokane or Bellingham. Family law specialists with significant prenup experience often have higher rates but can draft agreements that are more bulletproof.
- Timing: Rushed prenups, like those signed days before the wedding, can cost more due to expedited work and also risk enforceability challenges.
Saving money on a prenup lawyer
Let’s look at pricing on a national scale to get some perspective. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. If you’re looking to save on costs, but still want to have a valid and enforceable prenup, check out highly regarded online prenup services like HelloPrenup. With HelloPrenup, you will receive a personalized, expertly drafted prenuptial agreement that abides by Washington’s state laws for a flat fee of $599. If you’d like to add on attorney services, it’s an additional $699 per fiancé for a Washington-licensed attorney.
Do we both need a lawyer or can only one of us hire one?
Legally, Washington does not require both parties to have lawyers for a prenup to be valid. But practically, it’s highly recommended. Courts look at whether each party understood the agreement, and having separate counsel is one of the strongest ways to show voluntariness and informed consent.
In the Matson case, the Washington Supreme Court emphasized the importance of both substantive and procedural fairness. Procedural fairness often comes down to the following questions: Was there full disclosure? Was there enough time to review? And did each party have a chance to consult counsel? If one spouse drafts the agreement and the other signs without review, that spouse has a stronger argument later that they didn’t fully understand what they were giving up.
Can We Share a Lawyer?
This is a common question, especially since prenup drafting often coincides with wedding planning. Quite the expensive era! The answer is clear no. Reputable attorneys will decline to represent both parties in a prenup. It’s considered a conflict of interest. One lawyer can draft the agreement, but the other party should at least have an independent lawyer review it. This isn’t about creating tension or racking up hefty legal bills. This is about protecting each other, making sure you’re both fully comfortable with the agreement prior to signing, and ensuring that the agreement stands its greatest chance of being upheld. Courts like to see that both spouses had independent advice. This fact signals fairness and points to the voluntary nature of the signatures.
Can I Write My Own Prenup?
Technically, yes, you can draft your own prenup in Washington. There’s no statutory requirement that an attorney must draft or review it. But the risk is high. As discussed above, Washington courts scrutinize prenups for fairness, both when signed and at enforcement. Without a legal professional leading the way, you might miss critical disclosures, use unclear language, or fail to address specific issues like appreciation of separate property or spousal maintenance. These oversights can become major pain points in divorce. If a court deems the prenup unfair or lacking proper disclosure, it can set aside all or part of it, leaving you subject to Washington’s default community property rules.
What are the requirements for a valid prenup in Washington?
Washington doesn’t have a codified version of the Uniform Premarital Agreement Act (UPAA). Instead, validity is shaped by case law. The Matson decision and later cases like the 2009 case, In re Marriage of Bernard, established the two-part fairness test. Prenups must be:
- Substantively fair at execution, and
- Procedurally fair at enforcement
The standard that a prenup must be substantively fair when signed means that it must reflect reasonable division of property and not be so lopsided that it shocks the conscience (i.e. unconscionable). The requirement that a prenup be procedurally fair when it’s enforced means that there must have been full financial disclosure, the parties must have had the opportunity to consult independent counsel, and there must have been enough time to review the agreement without pressure (i.e. springing a prenup on a fiancé the day before a wedding).
This means Washington courts will essentially take two looks at a prenup: once at the moment it was created and again at the moment it’s being enforced. This is called a “second look doctrine.” A prenup can fail either prong. Therefore, even if a prenup looks fair when signed, a court can revisit it at divorce and assess whether enforcing it would still be fair under current circumstances. That’s a critical difference from many other states where fairness is judged only at signing.
How do spousal maintenance (i.e. “alimony”) waivers work in Washington?
Washington allows prenups to address or even waive spousal maintenance, but those waivers are heavily scrutinized. If enforcing a waiver would leave one spouse destitute, the court can override it. In Bernard, the court noted that circumstances at enforcement matter. A waiver that seemed reasonable when signed could become unconscionable years later due to illness, job loss, or changes in financial circumstances. This “second look” principle is important when drafting. You can include maintenance provisions, but they must be reasonable and flexible enough to withstand future review. It’s also worth noting that Washington courts require that the party waiving rights to spousal maintenance be represented by independent counsel.
Final thoughts on prenup pricing in Washington
Washington’s breathtaking landscapes might inspire fairytale weddings, but its community property laws can create real-world complications without a prenup. Spending the money now on a well-drafted prenup will help ensure that your agreement survives the two-pronged test courts apply to determine whether the agreement is fair. Paying for a quality prenup can save you an extraordinary amount of lost assets and savings in a divorce where your prenup is thrown out for drafting inaccuracies or missed steps in drafting or signing. And, if you’re considering a prenup, start early! The more time you give yourselves to negotiate and review, the smoother, and less stressful, the process will be. Sit down and have these important financial conversations with your fiancé. Getting on the same page now and seeing your prenup as an investment in financial security is a smart way to start your life together.
Janice Killion is a family law attorney licensed in California and Washington, who has created, defended, and challenged prenuptial agreements for 20 years. She maintains current education and knowledge of the law in her states.
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