Seattle Divorce Attorneys and Prenuptial Agreements
Prior to marriage, one way to look at a prenuptial agreement is that you are planning for your marriage to fail before it starts. However, another way to look at it is that although we marry for love, a marriage involves so many important social, economic, and property elements that communicating about those beforehand is simply the responsible thing to do. If everyone had a good prenuptial agreement prior to marriage, Seattle divorce attorneys and their clients might spend less time in court.
A prenuptial agreement is a contract; but it significantly differs from a regular contract in at least three ways. First, married parties are not in a neutral relationship and are often not in equal bargaining positions. Second, the “contract” concerns very personal issues like property and spousal support. Third, the contract is for what might happen in the future, and circumstances might change between the time a Seattle divorce attorney drafts the prenuptial and the time of divorce. Considering these factors, Washington State family law on prenuptial agreements is a complex set of rules. A Seattle divorce attorney with experience in prenuptial agreements should help you draft such an agreement.
Furthermore, prior to entering into and relying on a prenuptial agreement, you should consider whether the agreement will be enforced in court. The court will consider whether the agreement is fair to the party not seeking enforcement, whether each party freely entered into the agreement, whether each party had the chance to consult his own Seattle divorce attorney prior to signing, and whether full disclosure about the property involved in the agreement has been made to both parties.
A prenuptial agreement, if drafted properly through a Seattle divorce attorney, can relieve a lot of stress in the event of divorce. Working on a prenuptial will also let each party know the intentions of the other and what assets each consider separate property. A McKinley Irvin Seattle divorce attorney can help you further understand the strengths and weaknesses of such agreements, and how they might save you stress and money in the long run.
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