If you’re about to get married or have already entered into a marriage, you may have some questions about pre- and postnuptial agreements and how they can protect you in the event of divorce. Or if you’re facing divorce, you may have questions about how your pre- or postnuptial agreement will affect you.
What is a Prenuptial Agreement?
In the event of a divorce in Washington, property generally is divided by the courts in a way that is equitable and just. For couples who have a prenuptial agreement, the terms of the division of property in the event of a divorce are different.
A prenuptial agreement is a legal agreement that a couple enters into before taking marriage vows. The agreement details how property will be divided in the event of a divorce. Typically, a prenuptial agreement protects spouses with a large number of finances or assets from losing those assets in the event of a divorce. But a prenuptial agreement also can help ensure the spouse with fewer assets is protected in the event of divorce.
Learn more about Prenuptial Agreement Filing Process in Bellevue +
What is a Postnuptial Agreement?
The biggest difference between a prenuptial and a postnuptial agreement is that a prenuptial is an agreement made before a marriage, whereas a postnuptial agreement is one made after a marriage. Another name for a postnuptial agreement is a property status agreement. Again, talk to a postnuptial agreement attorney in Bellevue if you require assistance with this type of agreement.
Learn more about the Postnuptial Agreement Filing Process in Bellevue +
Who Can Seek a Pre- or Postnuptial Agreement?
Anyone who is about to enter into a marriage or is already married can seek a pre- or postnuptial agreement to protect their property. However, both pre- and postnuptial agreements will be invalid if they don’t meet certain criteria.
In order for the agreement to be valid, the following must be true.
- There must be a full disclosure of assets from both parties.
- The agreement must be fair and reasonable.
- Each spouse must be individually represented.
- Each spouse must enter the agreement freely and willingly.
If the agreement is not followed during a couple’s marriage, it may be rendered unenforceable in the event of a divorce.
What if I’m not Married or Planning to Marry?
For those who aren’t married – either in same-sex or opposite-sex relationships – there still are legal options available to those wishing to protect their assets. Property status agreements and cohabitation agreements are legal agreements designed for those who are in long-term, committed relationships but are not married. A cohabitation agreement can define the rights and responsibilities of each partner in the relationship and can establish an agreement over what will happen with property in the event of a separation.
How Can a Postnuptial or Prenuptial Agreement Attorney in Seattle Help?
Understanding your rights regarding pre- and postnuptial agreements can be complicated. High-net-worth individuals have a lot at stake when it comes to divorce, and it’s critical to have experienced legal representation on your side. Your high-asset divorce attorney will be able to help you sort through the marital assets and debts, negotiate a parenting plan, and ensure that prenuptial or separation agreements are followed.
An attorney will not only have the experience and expertise you need but also know other professionals who can help you succeed in this new phase of your life. If you have any questions about your divorce situation, the Law Offices of Molly B. Kenny is here to help. Call us at (425) 460-0550, or use the contact form to send an email and arrange a private consultation with an attorney in our Bellevue office today.
