Thinking of a prenuptial agreement in the state of Washington? Congrats! A prenuptial agreement is an excellent tool to get on the same page with your future spouse while also protecting your individual financial interests. Win-win! However, what are the legal requirements to getting a valid agreement in Washington? Do you need a lawyer? Do you BOTH need lawyers? What if you shared one? We discuss all of this and more, so keep reading to learn everything you need to know about the lawyer requirement in Washington state.
Is a lawyer necessary for a prenuptial agreement to be valid in Washington?
No, a lawyer is not required to create a valid and enforceable prenuptial agreement in Washington. In fact, Washington courts have held that as long as each party knows they have a right to hire a lawyer, have access to hire one, and there’s no fraud or coercion, then they don’t need to actually hire a lawyer for their Washington prenuptial agreement. (In re Marriage of Cohn, 1977). However, if the agreement is considered substantively unfair, a lawyer is then required to enforce the agreement. If there is a finding of unfairness in the terms of the agreement, the court must turn to the procedural unfairness and determine whether each party had legal counsel and adequate financial disclosure—if they did not have counsel or disclosure, then it may be considered unenforceable. (Herr v. Yamada (2017)).
The bottom line? While not strictly required, hiring a lawyer can strengthen the enforceability of the agreement by showing the court that both parties understood their rights, entered into the agreement willingly, and had professional legal guidance throughout the process.
Recent case law on the requirement for an attorney
In In re Marriage of McCarthy and Adams (2024), a Washington court upheld a prenup and notably emphasized that both spouses had the opportunity to consult independent legal counsel—and in this case, both actually did. Washington law generally holds that a prenuptial agreement can still be valid even if one or both parties do not have an attorney—so long as they had a meaningful opportunity to seek legal advice and entered into the agreement voluntarily, it’s substantively fair, and had full disclosure. Because both McCarthy and Adams were represented, and there was no evidence of coercion or concealment, the court found the agreement enforceable.
Can only one person hire a lawyer for the prenup in Washington?
It is possible for a prenup to be upheld where only one person had legal advice. For example, in Herr v. Yamada (2017), the Washington Court of Appeals upheld a prenup signed in 1986 despite several flaws. The husband, who was not represented by an attorney, signed an agreement prepared by his wife (who was a legal secretary) and had informal input from an attorney at her workplace. The court upheld the prenup because it was not unfair at the time it was signed, and thus, legal advice is not required. Here, the wife had informal legal advice through her coworker, who was an attorney, and her husband did not, and the court still upheld the agreement.
In addition, it’s important to understand that there are some Washington lawyers who may refuse to work with clients whose fiancé is not represented (for liability reasons). So, at the end of the day, having both parties hire counsel is the best practice and highly recommended.
Can we share a lawyer?
No, a single lawyer cannot ethically or effectively represent both parties in a prenuptial agreement. Each person needs their own legal advocate to ensure they fully understand their rights and how specific clauses may help or harm them. When two parties (i.e., future spouses) have potentially conflicting interests—as is often the case in prenups—one shared lawyer can’t provide advice to both without creating a conflict of interest. For example, if an alimony clause favors one spouse but disadvantages the other, the lawyer may be put in the impossible position of choosing sides, which undermines the integrity of the agreement and the legal process.
Can I write my own prenuptial agreement in Washington and have it notarized?
Yes, it is possible for a self-written agreement in Washington to be upheld by a Washington court. In fact, in Herr v. Yamada (2017), a Washington court upheld a prenup drafted by a non-lawyer legal secretary. However, it can be risky to write your own prenup in Washington because you may overlook legal options or repercussions that an attorney would understand, and if it is grossly unfair it may not be upheld without legal representation. In addition, it must comply with all of the other state requirements such as financial disclosure.
It is also possible to have a self-written prenuptial agreement notarized by a notary public in Washington. This can add a level of protection to the agreement by showing a future court that you both did, in fact, sign the document. And it can deter certain future arguments of fraud.
How much does a prenup lawyer in Washington cost?
If you’re considering a prenup lawyer in Washington, you may be wondering how much it’ll cost you. According to our 2024 Attorney Survey, the national average cost of a prenup is around $8,000 per couple. It may be more or less in Washington depending on the lawyer you choose and your location. On the other hand, HelloPrenup offers Washington prenup attorneys at exclusive rates ($699 per attorney) to review and sign off on your agreement. This can be a simple way to cut down on prenup costs in Washington!
The bottom line on the lawyer requirement in Washington
The big takeaway here is that from a legal perspective lawyers are not required in Washington state for a valid and enforceable prenuptial agreement. However, each party still needs the opportunity to hire a lawyer if they want one, and if a court deems the agreement unfair or lopsided, then the parties must have had representation for the agreement to be enforceable. This same principle applies to if one person has a lawyer and the other doesn’t. So, in other words, the best practice in Washington is that both parties hire lawyers though it’s not required. Ultimately, having independent legal counsel on both sides not only strengthens the enforceability of the prenup—it also ensures that both parties fully understand what they’re agreeing to, setting the stage for a more transparent and equitable marriage.
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.
0 Comments