Seattle Prenuptial Agreement by B_Gjas


									Seattle Prenuptial, Postnuptial and Co-habitation Agreements

Seattle prenuptial agreements are a good way to communicate your expectations regarding property to your fiancé
before getting married. Although most people intuitively might think that Seattle prenuptial agreements
communicate the wrong message before the big day, they can actually bring some relief and clarity if approached
properly. In a divorce action, the court has the ability to divide all the property, separate and community, in a fair
and equitable manner. By designating separate property prior to marriage, a Seattle prenuptial agreement
memorializes the parties’ intentions.

When one person has significant separate property before entering a marriage, the parties often do not know each
other’s intentions and expectations until divorce is impending. Obviously, once a couple nears divorce, they are not
often communicating as well as they could. Seattle prenuptial agreements can be drafted prior to marriage to make
property issues clear before there is ever a dispute. Furthermore, while the parties themselves have the best idea
about the substance of Seattle prenuptial agreements, in order to be effective Seattle prenuptial agreements must
conform to legal standards. Thus, it may be wise to consult with an attorney who drafts Seattle prenuptial
agreements to ensure the document’s effectiveness.

Two basic issues arise when enforcing Seattle prenuptial agreements. First, only property issues may be
addressed in such agreements. Child custody, child support, and spousal maintenance are precluded from Seattle
prenuptial agreements because those are issues that are fact dependent, and facts change over time. Courts do
not wish to leave families unsupported or children in the custody of a parent simply because of a Seattle prenuptial
agreement. Second, the terms of the agreement must be fair, but more importantly, the process by which Seattle
prenuptial agreements are entered must be fair. For example, courts have held that each party must have had the
opportunity to consult with their own counsel prior to signing a Seattle prenuptial agreement. Furthermore, courts
will not enforce a Seattle prenuptial agreement that suddenly appeared the night before the wedding.

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