RCW 26.16.120 gives spouses the right to agree to property division. Many other rights are contained in Title 26 Section 16.

The Washington State Courts have created a 40-page family law handbook.

WashingtonLawHelp.org has detailed self-help information as well.

A prenuptial agreement is actually a second step in the process of memorializing an agreement. The first step is to clearly identify and label what was owned and owed by each party prior to marriage. In the early years of a marriage this step is far more important than the prenuptial agreement about how the parties intend to conduct themselves during marriage.

Below are forms you can complete and return to me so that I can email you a draft of an estate plan and integrated prenuptial or postnuptial agreement.

Estate Planning Form

Separate Property Exhibits

One reason this distinction is important is that most people wait far too long before preparing and signing a prenuptial agreement. Prenuptial agreement signed within 6 months of marriage are presumed not to be the voluntary free will of the parties. The closer to the marriage date the prenup is signed, the stronger the presumption of invalidity.

Here is a sample of a prenuptial agreement integrated into an estate plan using the templates above.

A postnuptial agreement can be used to cure the presumption of invalidity created by signing a prenuptial agreement within 6 months of a wedding. Waiting a year after marriage and then signing an agreement cures the issue of the prenuptial not being entirely voluntary.


Schedule A Free Estate Planning Consultation I offer free and confidential initial legal consultations to potential bankruptcy and estate planning clients. Email me at chris@attorneymulvaney.com to schedule your consultation. I offer evening appointments on-site at my law office, where ample free parking is available. For more detailed information about my practice in Bellevue, Washington, please consult my Blog.

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Bellevue, WA 98006-1553

Email:  chris@attorneymulvaney.com Phone: 425-998-6352
Fax: 425-223-3197

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Mulvaney Law Offices, PLLC, is located in Bellevue, Washington, representing estate planning & probate, chapter 7 and chapter 13 bankruptcy, and real estate transactions clients in Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah, Sammamish, Maple Valley, Burien, SeaTac, and throughout King, Snohomish and Pierce counties.