Download Washington Postnuptial Agreement Form [PDF]

The Washington postnuptial agreement is a legal document that determines the rights and obligations of spouses in terms of their individual and marital property. In addition, the spouses can also use the postnuptial agreement form to determine how they will divide the property in the event of marriage dissolution.

The main difference between postnuptial and prenuptial agreements is the moment the parties sign the agreement. With the prenup agreement, the parties are signing the document before they get married; with the postnup agreement, they must enter the marriage before signing the agreement.

Laws and Legal Requirements for a Postnuptial Agreement in Washington

The laws and legal requirements for a postnuptial agreement in Washington provide the basic guidelines on what the postnuptial agreement should look like and what provisions it can or cannot include.

The main sources for determining the legal requirements for the Washington postnuptial agreement form are state laws and court decisions.

One of the most important court cases for defining the legal status of the postnuptial agreement is Marriage of Dewberry. Here, the court concludes that “[t]here is nothing in Washington law that prohibits parties from entering into prenuptial agreements that alter the status of community property.”

When it comes to the state law, RCW 26.16.120 provides that “[n]othing contained in any of the provisions of this chapter or in any law of this state, shall prevent both spouses or both domestic partners from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired, to take effect upon the death of either.”

Signing Requirements for a Postnuptial Agreement in Washington

The Washington postnuptial agreement can be made in written or oral form. However, it is always advisable to have both parties sign a written version of the agreement. This way, the provisions of the agreement will be easier to prove.

The state law, however, doesn’t set any requirements for the notarization of the postnuptial agreement form. Regardless, the parties should still consider notarizing their postnup agreement, as it will additionally confirm the authenticity of the document and prevent potential fraudulent activities.

Postnuptial Agreement Enforcement in Washington

The Washington court can declare the whole or part of the postnuptial agreement unenforceable if one of the parties proves that:

What Can a Postnuptial Agreement in Washington Cover?

The postnuptial agreement in Washington can cover any aspect of the parties’ financial and non-financial relationship during or after the marriage. However, when drafting the postnuptial agreement template, the parties should make sure all the provisions are in line with state law and public policy.

Here you can see the matters that are most commonly included in the Washington postnuptial agreement:

Postnuptial Agreement in Washington: Validity Criteria

The Washington postnuptial agreement must fulfill the basic formality criteria to be considered valid. This means that the document must be in written form and that both parties must sign it.

Moreover, the validity of the postnuptial agreement depends on the existence of the marriage. The parties can sign the document at any time during the marriage. Moreover, they can create multiple postnup agreements to regulate different matters.