While prenuptial agreements are not for everyone, they can be beneficial in the event of a divorce. If you are getting a divorce without a prenup, here’s what you need to know about the issues you’ll have to resolve during the divorce process. First, what’s a prenup?

What is a prenuptial agreement?

A prenuptial agreement is a contract that a couple enters prior to getting married. The contract outlines what will happen in the event of a divorce or legal separation, or in the event of death of one spouse.

Typically, a prenuptial agreement addresses these major subjects.

  • Alimony payments
  • Possessions
  • Debts
  • Other financial agreements

Issues in Divorce Without a Prenuptial Agreement

If a couple does not have a prenuptial agreement and is seeking a divorce, they will have to make all of the decisions about the topics mentioned above, like division of property, at the time of divorce. There won’t be a prenup that guides these issues.

Mediation can help the couple work out these issues. During a mediation, a mediator will help the couple facilitate an agreement about issues pertaining to the dissolution of marriage. When mediation and other efforts fail, a court will decide pertinent issues for the couple.

One issue that couples will have to face regardless of whether or not they have a prenuptial agreement is what will happen to the children in the event of a divorce. Under Washington law, a prenuptial agreement cannot dictate terms of a parenting plan.

As such, in the event of a divorce, all couples who have children will have to formulate their own parenting plan.

  • Child custody
  • Visitation schedule
  • Child support payments

Contact a Divorce Attorney in Washington State Now

If you’re getting married and considering a prenuptial agreement, read our page about prenuptial and postnuptial agreements for more information.

If you’re married and considering getting a divorce without a prenup, meet with a divorce and family law attorney to review your case so you know what to expect. Your attorney can even help you navigate the process and represent your rights as you divide property and decide other important matters. Get in contact with the Law Offices of Molly B. Kenny now at 425-460-0550. You can also fill out our online contact form to set up your consultation.

Molly B. Kenny
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Divorce and Child Custody Attorney Serving Bellevue and Seattle Washington
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