Marital Agreements–Prenuptial, Post-Nuptial, Co-Habitation


Prenuptial and postnuptial agreements are contracts made between spouses governing how their property will be managed during their marriage, or distributed upon divorce, separation, or death. They can also address spousal maintenance. In Washington, marital agreements may not affect child custody or support.

Couples who cohabit without marriage may also sign agreements that facilitate property division in the event of separation. These agreements can be especially helpful because Washington Courts will treat certain property acquired by a couple deemed to be in a committed intimate relationship (“CIR”) as if they were married for purposes of a break up or a death. Having an agreement that clarifies property ownership and distribution can avoid costly and emotional litigation for the couple, or for the surviving family.

If you are considering signing a marital agreement, it is essential to contact an attorney who can ensure you understand the consequences that may result. Please call a Mercer Island family law attorney at our firm for a consultation and to let us guide you on your new path in life.