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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”. The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.
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“It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people.” – Justice Felix Frankfurter, dissenting, United States v. Rabinowitz (1950)
You don’t have to sign an Agreement before you get married; you just need to agree.
The best practice is to sign the Estate Planning documents before you are married so that you can open Trust Checking accounts and name your Separate Trust as Primary Beneficiary. You should request the Spousal Consent forms for each institution and fill them out so they can be signed with your Estate Plan. Any Deeds will also be signed when you sign your Estate Plan. The Deeds can’t be recorded until you are married and the Spousal Consent forms can’t be submitted and you can’t have the statements that come the month after marriage to create accurate date of marriage values in the exhibits before marriage.
Those three reasons are why signing the Postnuptial Agreement that you have agreed to before marriage after you are married is important.
1. Deeds can’t be recorded until you are married, and
2. Spousal Consent forms can’t be submitted until you are married, and
3. you can’t have the statements that come the month after marriage to create accurate date of marriage values in the exhibits before marriage
You can let me know two dates to meet via ZOOM, one before, and one after marriage.
There is only one reason to sign a Prenuptial Agreement with the other Party represented by Counsel before marriage. It is to enforce in Court in a Litigated Divorce an Agreement that allows one party to take a larger share of Community Property than the other. Such an Agreement must be signed more than 180 days before the wedding and each Party must be represented by their own Counsel. Legal Insurance only covers the Member, so the other Party would need to pay out of pocket.
Christopher S. Mulvaney does not do such unfair Agreements, and does not do Litigated Divorce. MULVANEY LAW OFFICES, PLLC does only one kind of Divorce – uncontested Divorce by mail in Lincoln County. The reason is that the Court will sign the Divorce Decree exactly the way you write it. I represent both Parties, which means I represent neither Party, so I have to be fair to both. The Parties will get everything they agree to give to each other. This is a much better system.
Attempting to enforce a tolerably unfair Agreement agreed to with advice of Counsel due to unequal bargaining position is by no means certain. Court rulings are wildly unpredictable. Essentially, a Prenuptial Agreement signed before marriage is designed to limit the wealth transfer to the Party who has less as much as possible signed under threat of not going through with the wedding. Agreeing during marriage without duress is a much better process.
The current President of the United States has a famous Prenuptial Agreement that was renegotiated during marriage under duress and threat of terminating the marriage due to public infidelity and other reasons. This is the reason why all the money, time and effort to get a Prenuptial Agreement signed more than 6 months before the marriage with both Parties represented by Counsel is often not effective. The strength of the bargaining position of the Parties reverses after marriage. Before Marriage, the Party who has more wealth is in a superior position. After Marriage, when Divorce can be threatened (and sexual favors, and even basic kindness and courtesy withheld during marriage) the Party with less wealth is in a stronger position (especially as a woman). Women can be cold to their husbands and threaten a litigated divorce a sensitive time, such as during a Presidency. In short, Husbands tend to need their wives more the longer they are married. As a result, a carefully hammered out Prenuptial Agreement favoring the wealthier party is not likely to hold up. The current First Lady of the United States likely got tens of millions more as a result of renegotiation. Every wife wife who renegotiates the Prenuptial Agreement is likely to have success.
Prenuptial Nuptial Agreements inherently involve drama because they are a power play to get an unfair result. That is why they are commonly featured in films and television. They simply do not apply to the vast majority of people. Media gives a distorted view.
Films and television shows often exaggerate or misrepresent prenuptial agreements for dramatic effect, leading to common misconceptions about their purpose and who should consider one.
Here’s why the portrayal in media doesn’t apply to most people:
1. Stereotypical Focus on Wealth:
Media portrayal: Films and TV often depict prenups as tools for billionaires and the ultra-wealthy, who are concerned about protecting their massive assets from potential gold-diggers.
Reality: While high-net-worth individuals certainly benefit from prenups, these agreements are valuable for a broader range of people, regardless of their income level.
For most people: Prenups can address situations like owning a small business, having significant student loan debt, expecting an inheritance, or even defining expectations about future earnings and investments. They are about clearly defining financial expectations and ensuring fairness, not just protecting large fortunes.
Prenuptial Agreements before marriage are important. The only reason to sign before marriage is to attempt to hold the other Party to an unfair contract. Most people are not doing this and don’t need the drama and expense of a Premarital signing. Agreeing in principle, but signing after marriage when all of the records for the date of marriage values are available is best because the date of marriage values are known and Deeds and Spousal Consent Forms addressing Spousal rights can be recorded and filed because you are a spouse.
2. Emphasis on Distrust and Conflict:
Media portrayal: Requesting a prenup is often portrayed as a sign of distrust or a lack of faith in the relationship, leading to dramatic confrontations and accusations of planning for divorce.
Reality: Discussing a prenup is a practical way to prepare for the future and can actually strengthen the relationship by encouraging open communication about financial goals and expectations. It is the signing before marriage that is a sign of distrust, lack of faith in the relationship and leads to dramatic confrontations because it’s sole purpose is to obtain an advantage in divorce.
For most people: It’s about having transparent conversations about finances, clarifying financial rights and responsibilities, and reducing potential conflicts in case of unforeseen circumstances, but not signing until after marriage.
3. Exaggerated Clauses and Unfairness:
Media portrayal: Some shows depict prenups with extreme or unenforceable clauses, such as those related to weight or intimacy rules, which are not valid in real-life prenups because Divorce is No-Fault. MULVANEY LAW OFFICES, PLLC won’t include such unenforceable clauses.
Reality: A well-drafted prenup aims to be fair and protect both partners’ interests, not just one side. It involves negotiation.
For most people: Prenups are about establishing a mutual understanding and agreement on financial matters, ensuring that both partners feel secure and respected.
4. Focus on Divorce as the Only Trigger:
Media portrayal: Prenups are often seen as only relevant if the marriage ends in divorce.
Reality: Prenups can provide clarity on financial matters even if the marriage remains intact. Separate Property can be given to a spouse freely and voluntarily, strengthening the relationship.
For most people: A prenup can be a living record of intentions and financial decisions, helping to ensure transparency and prevent future conflicts.
Signing Estate Planning documents before marriage including Separate Property Trusts can be useful because Parties can open Trust bank accounts and name their Trusts as Primary Beneficiaries of 401(K) accounts. Doing so will not be valid without a Spousal Consent Form submitted to the Financial Institution holding the 401(k) after marriage.
In summary: The dramatic portrayals of prenuptial agreements in films and television are often far from the reality for most people. Getting Prenuptial Agreements in Principle and signing the Prenuptial Agreement after marriage integrated with Estate Planning are practical financial planning tools that can benefit a wider range of couples and can be a proactive step towards building a strong and transparent relationship.
That is why Christopher S. Mulvaney of MULVANEY LAW OFFICES, PLLC does Prenuptial Agreements differently than the typical way because the typical way doesn’t serve most clients well.
As long as one you does not file a Summons and Complaint against the other for Divorce, you can agree to how you want to distribute your property. As soon as a Summons and Complaint is filed you give the Court jurisdiction to void any or all of your agreement.
The presumption of community property applies no matter how the property is titled. You can attempt to rebut the presumption in writing.
That writing is only an attempt because the enforceability of your agreement depends entirely upon whether you get an uncontested or litigated divorced.
It is entirely up to the two of you whether your Agreement is enforceable. If you sign a Joint Petition for Divorce it is; if you don’t it isn’t.
You can’t possibly sign anything before marriage that has an exhibit that has the accurate date of marriage values.
The statements don’t come until the month after you are married. If you signed anything before marriage it would not be accurate.
(1) I do not represent either Party.
Legal insurance only covers the Member. So, if you are both represented, you have to pay the other lawyer to review the documents. My sole role is to facilitate a fair and equitable Agreement between the Parties. I don’t think it is worth the time and money to do that. I represent both Parties as Estate Planning clients, so I can never represent one against the other ever. That is the opposite of the typical adversarial method.
(2) I integrate Estate Planning with Prenuptial and Postnuptial Agreements.
Specifically, Quitclaim Deeds releasing a Community Property interest in real estate and Spousal Consent Forms allowing the naming of someone other than your spouse as Primary Beneficiary can only be recorded and submitted after marriage. You have to be a Spouse to waive the rights you get by getting married.
(3) I explain that a Fundamental of Marriage is a Lifetime Support Obligation which means zero effect on property distribution based on paying for living expenses.
Even if one Spouse pays 100% of the living expenses of the marital community, that Spouse is not entitled to any more than half of Community Property. Payment for living expenses never offsets a property settlement.
(4) I explain that divorce is No Fault nationwide, which means that evidence of blame (such as infidelity) is irrelevant and inadmissible.
Infidelity clauses are unenforceable.
(5) I explain that the way to have a certainly enforceable Agreement is to file a Joint Petition divorce by mail in Lincoln County.
Washington does not require dollar values on divorce Petitions. So, if you agree on everything and both sign in Zoom via DocuSign, the Court doesn’t know the values of the assets, just the last 4 digits of the account number. The Court takes you at your word that the asset split is fair and equitable and doesn’t have the information to make a change even if the Court wanted to, which it does not.
(6) I explain that if one party is contributing much more to their 401 (k) than the other during the marriage, there is only one way to increase the security of those contributions – that is to increase the net worth of the Spouse contributing less.
I wish all 401(k) accounts of married people would be divided into two equal accounts, one for each spouse. Until that happens, it is prudent to do some adjustment so that the differential between the growth of the Spouses during marriage is less.
MULVANEY LAW OFFICES, PLLC only does verbal Prenuptial Agreements in conjunction with Estate Planning for both parties in which I do not represent either Party. If you want to be represented in an adversarial manner you should seek other Counsel. Once the Parties both become clients I can never represent one against the other ever.
So, the Parties are both free at any time (even after you have signed documents) to each get their own new lawyers.
I lose two clients.
Specifically, I believe that the full disclosure and discussion around a Prenuptial Agreement is vitally important to reducing anxiety and promoting family harmony. Coming to a meeting of the minds prior to marriage is what is important. Actually signing a Postnuptial Agreement memorializing all the work you have done in reaching your Agreement before you got married is vastly superior for the reasons I explain below.
I believe that executing your estate plan in conjunction with a Postnuptial Agreement has value because it identifies and labels all of the property owned before marriage. I also believe not being represented in an adversarial manner is beneficial for most people.
(1) Quitclaim Deed from one spouse to the other waiving marital community property title rights – but not equity rights (You obviously have to be married in order to have a marital community).; and
(2) Spousal Consent Forms for 401(k) beneficiaries to anyone other than your spouse as 100% Primary Beneficiary (You obviously have to be a Spouse to give Spousal Consent).
There are three steps to creating an effective and enforceable prenuptial agreement. First, creating an estate plan including separate property trusts is needed to label and segregate property and debt you each have now. Second, is listing all of those assets and debts on the attached spreadsheet. Third, is memorializing your agreement regarding how you wish to conduct your financial lives during marriage. This includes recording deeds for real estate, and consent forms for naming anyone other than your spouse as primary beneficiary of retirement accounts or other accounts with beneficiary designations. Any Agreement between the two of you does not bind third parties. Recording deeds and filing consent forms with the custodian of your retirement of other beneficiary accounts does, which is why doing so is vital for effectiveness of your agreement.
Fairness is the number one factor contributing to enforceability.
Often, once parties have done the estate planning, and spreadsheet listing all separate assets and debts, and recorded deeds and filed consent forms with asset custodians, they realize that the prenuptial agreement they had in mind, which is simply keeping everything before marriage as separate property and everything (except gifts and inheritance) as community property is not necessary because that property division is already built in to the Revised Code of Washington.
RCW 26.16.120 gives spouses the right to agree to property division.
Married people in Community Property states such as Washington have the right to hold separate property during marriage.
Holding Separate Property during marriage does not technically require the consent of a spouse for property owned before marriage, gifts, inheritance, and pain and suffering damages which are all presumed to be Separate Property.
However, proceeding with your spouse’s knowledge and written consent is best. I had a client who inherited hundred of thousands of dollars from his parents.
His wife said: “You can either have Separate Property or You can be Married to Me, But You Can’t Have Both.”
That is why I refer to this technical right a theoretical right because your spouse can veto it.
Technically, U.S. law allows me to bring less than $100 worth of Cuban Cigars into the U.S. for my personal use. However, my wife has informed me that I am allowed zero dollars worth of Cuban Cigars, so this legal right is irrelevant to me.
Key to enforceability is not commingling Separate Property with Community Property.
Doing so creates a blended asset which can be difficult, time consuming and expensive to separate. Separate Property is like a tax deduction – if you can’t prove it, then you can’t take it.
That is why understanding that married people may have five (5) distinct types of property with different rights associated with them is important.
(1) Community Property
(2) Wife’s Separate Property Acquired Before Marriage
(3) Wife’s Separate Property Acquired After Marriage (excluding non-commingled gifts, inheritance, and pain & suffering damages)
(4) Husband’s Separate Property Acquired Before Marriage
(5) Husband’s Separate Property Acquired After Marriage (excluding non-commingled gifts, inheritance, and pain & suffering damages)
The Divorce Court does not have jurisdiction over separate property acquired before marriage and non-commingled gifts, inheritance, and pain & suffering damages other than ruling what is included in those categories and what is not.
Commingling means mixing separate assets with community property. For example, a married person using a half million dollar inheritance to make a down payment on a jointly owned marital home.
Community Property and Separate Property Acquired After Marriage not-commingles and in those three categories is subject to the jurisdiction of the Divorce Court for division.
Keeping good records and clearly labeling property during marriage reduces anxiety, increases a sense of control, and has the side benefit of protecting spouses in the event of divorce and protecting children as well.
I believe that having one lawyer prepare estate plans for both Parties is best. The Parties waive potential conflicts of interest and each agree that they can hire their own lawyers at any time. Since I represent both Parties, I have to be fair to both and cannot keep confidences from either Party from each other. I also can never represent one Party against the other because of conflicts of interest. This promotes harmony and communication between the Parties.
Separate Counsel is needed if a Prenuptial Agreement attempts to add unequal amounts of Separate Property during the Marriage. I won’t sign off on such Agreements.
Prenuptial Agreements are less enforceable the closer they are executed to the date of marriage.
Prenups should be signed at least six (6) months prior to the wedding in order to be knowing and voluntary and not subject to undue influence.
A Divorce Court can void a Prenuptial Agreement in whole or in part to the extent that it is not fair and equitable.
A Prenuptial Agreement can also be voided by the conduct of the Parties in not following their Agreement.
One way to minimize this risk is to calculate the percentage that each party has of the total of combined property. The result will be a ratio such as 70/30 meaning one party has 40% more of the total property than the other. When you do your taxes each year, pay attention to how much each partner has contributed to their separate property and how much property has appreciated. If the percentage of the lower asset value partner decreases significantly, this should be adjusted and brought back up to 70/30 in order to not risk adjustment by a Divorce Court. Even if you never get divorced, I think the exercise has value because you are paying attention to how much the other person has in assets and adjusting to maintain fairness. This is meant to have a positive effect on the relationship, decrease anxiety, and lessen the likelihood of divorce.
I believe that each Party listing and sharing assets and debts has value. Learning to talk about financial issues effectively during marriage has value and reduces disputes. If you start doing so when you each have your own lawyers, I believe you are more likely to each have your own lawyers in divorce. By learning to communicate if you do end up divorced, I believe it is more likely to be an uncontested divorce by mail which is permitted in Washington State.
I believe that having accounts in your name as Trustee of your Separate Property Trust into which gifts and inheritance can be deposited has value. It is a hedge against divorce and a hedge against disinheritance of children if you predecease them and your spouse remarries someone who likes their own kids better than yours. This is what happened to Cinderella. If Cinderella’s father would have had a Separate Property Trust as a Married Person, then the story would have been very boring because Cinderella would have had the irrevocable gift from her father that the step-mother couldn’t touch.
I had a case in which a father linked his bank account to his daughter’s Married Separate Property Trust Account so that he could give his daughter as much as he wanted whenever he wanted. This had the effect of empowering his daughter because she had her own money and could leave if she wanted to do so. Her husband had to be nice to her and treat her well, which is exactly what the father intended to accomplish.
I believe writing down how you are going to care for your Spouse, Children, Parents, Siblings, Charities, Churches and others has value. Doing so reduces anxiety and reduces disputes. Having some mortality awareness tends to make people behave in kinder ways and to have more gratitude.
I believe naming your Healthcare Agents and stating whether you want to be an Organ Donor has value. In the Terri Schiavo case, her parents and her husband litigated for 15 years (1990 to 2005) all the way to the Supreme Court before she died because she did not have a Medical Power of Attorney and Living Will.
I believe that stating whether you want your Healthcare Agent to “pull the plug” and whether you want food and water after that is done has value. Being on a ventilator is more likely because of the global pandemic. These are not the type of issues you want your family to fight about.
I believe that having appointing Mental/Behavioral Health Agent (including addiction issues) has value. Knowing how to both grant and restrict access to your sensitive Healthcare information can protect you from unauthorized access or use.
To Always Be a Human Being First, and My Role Second. To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life. May I be safe from dangers within and without. May I be healthy in body, mind, socially, and spiritually. May I be at ease and happy, doing good in the world.
May You be filled with loving kindness for all life. May You be safe from dangers within and without. May You be healthy in body, mind, socially, and spiritually. May You be at ease and happy, doing good in the world.
I am an experienced solo estate planning, debtor bankruptcy, and real estate attorney. At my law firm in Bellevue, Washington between Eastgate and Factoria, I do things a little differently. I am passionate about helping people take control of their lives.
One of my primary practice areas is urgent (bankruptcy), and the other is important, but not urgent (estate planning). Not letting the urgent crowd out the important is key. I have made a choice to include the positive difference I make in the life of each client in how I calculate profit. This means I have higher job satisfaction, and happy clients who confidently give referrals.
My goal is that my work is transformative for people during a challenging time in their lives. At Mulvaney Law Offices, PLLC (MLO), you will not find a gatekeeper. There are no forgotten cases hiding on an associate’s cluttered desk. It’s just me, working with each one of my clients one-on-one to resolve their legal concerns as favorably as possible.
As your lawyer, I will personally handle every aspect of your case. My office is not a factory churning out thousands of filings per year, where each case matters little. You, and your case, matter to me. You can see what clients have said about me, and leave your own reviews at these links.
Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & chapter 7 and chapter 13 bankruptcy, clients in all 39 Washington Counties.
Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary. Just email me an image of your photo ID.
