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Prenuptial and Postnuptial Agreements

Prenuptial and Postnuptial Agreements are more common now than ever before.

Prenuptial Agreements:

A prenuptial agreement is a contract entered into between fiancés in contemplation and consideration of marriage. Prenuptial agreements frequently address: (1) property/debts; (2) expenses; (3) maintenance; (4) future earnings; and (5) spousal maintenance. Despite what many  think, couples cannot contract for child support or child custody. The reason that parties cannot pre-litigate child custody or child support is because the court has the obligation to find that the parenting plan serves the best interests of the child and that the child support is sufficient to cover the needs of the child. 
 
 
In order for a prenuptial agreement to be legally enforceable it must be entered into knowingly, voluntarily, and intelligently by the parties. It must be in writing and signed by both parties (typically before a notary); otherwise, the agreement is void. Importantly, courts are much more inclined to uphold a prenuptial agreement if both parties were independently counseled by attorneys in the execution of the document. Additionally, there needs to have been a full disclosure of the amount, character, and value of the property involved. Therefore, if one party was hiding assets, then the agreement itself may not be legally binding. 
 
A key advantage to entering into a prenuptial agreement is that the parties enter the agreement with love and admiration towards each other. Despite it being an awkward conversation, it may save both individuals from years of litigation and animosity in the future. 
 
 

Postnuptial Agreements:

Postnuptial Agreements are also referred to as "Separation Contracts" or "Separation Agreements."  Postnuptial Agreements are legally binding contracts entered into by spouses during the marriage. In the event of divorce, these agreements are intended to provide for the couple's division of assets/debts, rights of inheritance, spousal maintenance, and expenses. Again child support and child custody provisions are not legally binding and subject to the discretion of the court. The contract itself may be shielded from the public if the spouses elect to do so. 

Similarly to a Prenuptial Agreement, in order to be legally enforceable the Postnuptial Agreement must be entered into knowingly, voluntarily, and intelligently by the parties. It must be in writing and signed by both parties (typically before a notary); otherwise, the agreement is void. Importantly, courts are much more inclined to uphold a prenuptial agreement if both parties were independently counseled by attorneys in the execution of the document. Additionally, there needs to have been a full disclosure of the amount, character, and value of the property involved. 

If you have questions about how to protect your interests please contact our office or call us at 425-361-0687 today. 

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Malone Legal, PLLC is committed to answering your questions about Divorce, Separation, Child Custody, Parentage, Child Support, Modifications, Prenuptial and Postnuptial Agreements, and Domestic Violence Protection Order law issues in Washington.

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