In some states, a spouse who owned the estate before the marriage or who took possession of it during the marriage by gift or estate will always be awarded a separate property. This is not the case in Washington State. In some cases, in Washington State, the court may, in the course of divorce or separation proceedings, grant these separate assets to a spouse, even if it retains clearly separated assets in order to preserve the asset as a separate asset. Washington State law provides that all assets, both separate and collective, are placed before the Divorce DivisionAl Court and that these assets are distributed fairly and equitably. There is no definition of what this means, and the definition of “fair and just” can vary considerably from judge to judge and from county to County in Washington State. A marital agreement generally gives more security to the process than simply separating separate accounts or assets and hoping that this will ensure separate ownership in a divorce. Despite the problems of implementation of prenupes in Washington State, it is always a good idea to create one. Negotiating a marriage agreement forces couples to discuss money before getting married and before they face the very real, very difficult financial problems that married people still face. Having a common understanding of money issues before problems increases a couple`s ability to deal with financial problems in a healthy way that reduces marital conflict. From a strictly legal point of view, a marriage contract must not be drawn up by a lawyer to be enforceable. However, in practice, marital and postal agreements can be very complex. More importantly, they can be considered unworkable if they are not carefully written.
That`s why it`s important to have the help of experienced washington lawyers if you want to follow this situation. Integrative family law can help you understand the requirements of an enforceable marriage agreement in Washington State. We design prenup agreements in accordance with the most current legal precedents in the state and we will do our best to ensure that your agreement is applicable. While prenup courts will not impose conditions on child support or child care, they may impose support conditions. Washington laws provide that couples can use a marriage agreement to decide stewardship. Couples can use a prenup to waive maintenance rights or set conditions such as the nature, scope and duration of assistance. Of course, a conjugal agreement is not necessary to get married. The state has many laws that allow a court to make all the necessary decisions in the event of a divorce. Marital agreements are not 100% reliable to protect income or property ownership in Washington State. The courts in Washington have developed a number of cases to ensure that marital agreements are fair. Where certain procedures are not followed when a notice agreement is signed and the application of the agreement results in an unjustified distribution of income and/or property between spouses, the court may refuse to enforce the terms of the marriage agreement.