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While it is certainly not the most romantic part of your wedding planning, any unwed couple can elect to form a prenuptial agreement not only to protect what they have prior to the marriage, or in some cases, protect any future assets they should acquire during the marriage.
The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
Our Washington State prenuptial agreement lawyers are often asked if prenups are even valid or enforceable. There seems to be a widespread misperception that they are no longer accepted by our courts. This is untrue. Despite rumors to the contrary, these agreements remain an important part of Washingtons divorce laws.
The answer is: it depends. For the majority of the 2.5 million couples tying the knot in 2022 (the most since 1984, according to The Wedding Report), the answer is no. Specifically, for those not previously married and without docHub personal or family assets, a prenup may not be necessary.
For it to be valid, both parties must disclose all of their existing financial and property information, outlining all assets, including real estate, stocks, and retirement accounts, as well as all debts, including student loans, car loans, and credit cards.
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If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.
5 Things You Cannot Include in Your Prenuptial Agreement 1) Nonfinancial Rules. 2) Anything Illegal. 3) Terms Involving Child Custody or Support. 4) Unfair or Unreasonable Terms. 5) Incentive for Divorce.
Also, many people are unaware that, even if you or your spouse (or both) enter a marriage with no assets, future assets obtained during the marriage can be self-defined as well with a prenuptial agreement.
Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement. If theres the possibility of divorce I advise my clients to make that prenuptial agreement as ironclad as possible. You want to keep premarital accounts separate.

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