A prenuptial and post-nuptial agreement is a contract entered into by two people before, or in the latter case, after their marriage. The agreement decides how property and debts will be divided upon divorce, legal separation, or when one of them dies. A prenuptial agreement can only effect legal rights affecting them, not the children. Washington state prenuptial and post-nuptial agreements cannot address child custody or child support issues. At Weintraub Law office, we prefer an amicable, collaborative process be used in in their preparation, and offer flat fee prenuptial agreements or affordable fee agreement options – depending on the agreement’s complexity and number of disputed issues.
The Process of Obtaining a Prenuptial, Post-Marital, or Cohabitation Agreement
We start off by sending you a questionnaire with step-by-step instructions describing potential terms and their legal consequences at separation, divorce and/or upon your passing (if the prenuptial or post-marital agreement includes estate planning terms as most do). We encourage you to complete the questionnaire, if possible, with a basic understanding of what your unmarried partner, fiancé or spouse will agree to. We then prepare the draft for your review. Following review, we provide it to your partner, fiancé, or spouse, or to their attorney if they are represented, for their review, and amicably negotiate terms that may be disputed. The final agreement is then signed by both parties.
We Make Sure the Prenuptial, Post-Marital, or Cohabitation Agreement is Enforceable
There is no point in preparing an agreement if it is not enforceable. At Weintraub Law Office, we focus on ensuring a court will enforce the agreement by preparing agreements that are both substantively and procedurally fair as required by Washington State Law. We prepare agreements, for example that will not be deemed unconscionable by a court of law, or procedurally flawed due to coercion, insufficient time for review, or lack of opportunity for review by independent counsel.
Cohabitation Agreements (Living Together Contracts)
A cohabitation agreement is a contract between an unmarried couple that spells out the contractual legal rights and responsibilities you and your partner have to each other. The contract clarifies property ownership and determines property and debts will be divided if the relationship ends. It is particularly important in long-term committed relationship to memorialize each party’s mutual expectations and/or to avoid the risk a court will treat the relationship as a meretricious relationship and treat you as married for property division purposes.
Committed Intimate Relationships in Washington State
In Washington State, a court may deem a couple that has cohabitated in a stable, marriage-like relationship for a significant period of time as living in a “committed intimate relationship” (fka “meretricious relationship”).If that occurs, the couple is treated as married with 50% community interest in property and debts earned during the relationship and divide it accordingly.
Lead Counsel and owner Bo Weintraub co-wrote the Prenuptial Agreement Chapter in the Washington State Bar Association’s Family Law Deskbook, and provides specific expertise and substantial experience in this practice area. Call Weintraub Law Office at +1 425 374 4045 or contact us online to request an appointment and learn more about prenuptial, post-nuptial and cohabitation agreements.
Weintraub Law Office has offices in Seattle, Bellevue, and Bothell and represents clients in King, Snohomish, and Pierce County.
