Are prenuptial agreements legally binding in Washington state?
Bonney Lake, WA
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Posted about 1 month ago in Marriage / Prenuptials
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Are prenuptial agreements legally binding in Washington state?
Answers (2)Linda Kelley Ebberson
This attorney is licensed in Washington.
Posted about 1 month ago.
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Absolutely, so long as they meet the criteria of being substantively fair to the disfavored spouse (the spouse with the smaller estate), for example, by allowing for the accumulation of community property during the marriage. Even an unfair prenuptial agreement may be enforced if it was entered into in a procedurally fair fashion. This means that each party had independent legal advice (separate attorneys) and had the rights they were giving up explained to them and entered into the agreement freely without being under inappropriate pressure (duress) when they signed it. The enforcement of a prenuptial agreement depends upon the facts of each negotiation and the language of each agreement.
Ann Davison Sattler
This attorney is licensed in Washington and 1 other state.
Posted about 1 month ago.
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In addition, timeliness of execution of the prenuptial agreement must be considered. t shouldn't be executed shortly before the ceremony when most of the plans have been finalized.
LEGAL DISCLAIMER: This is not legal advice and should not be relied upon as such. |