Seattle Divorce Attorneys and Prenuptial Agreements

By admin / July 19, 2007
By: McKinley Irvin
Category: Divorce

During the time just before marriage when couples anticipate their joyful day, they might look at a prenuptial agreement as planning for a marriage to fail before it even 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 issues that discussing some important things before marriage can let each partner know about the other's expectations. In any event, if everyone had a good prenuptial agreement prior to marriage, Seattle divorce attorneys and their clients would spend less time in court. A prenuptial agreement is a contract; but it significantly differs from a traditional contract in several ways. First, married parties are not in an "arms length" relationship and are often not in equal bargaining partners. Second, the pre-nup "contract" involves very personal issues like property and spousal support. Third, the contract is for what might happen in the future, and factors can change between the time a Seattle Divorce Attorney drafts the prenuptial and the time of divorce. As the law involves even more factors, Washington State family law on prenuptial agreements is a complicated set of rules. A Seattle divorce attorney with experience in drafting and litigating prenuptial agreements should assist you draft such an agreement. Furthermore, prior to executing and creating expectations on a prenuptial agreement, you should take steps to see that the agreement will be enforced in court. Courts consider several things including, whether the agreement is fair to the party not seeking enforcement, whether both parties freely agreed to the contract, whether each party had opportunity to consult his own Seattle Divorce Attorney prior to signing, and whether full disclosure about assets pursuant to the agreement had been made to both parties prior to signing. A prenuptial agreement, if drafted skillfully through a Seattle divorce attorney, can alleviate a lot of stress in the event of divorce. Working on a prenuptial will also let newly weds know the expectations of each other and which assets each considers as separate property. A McKinley Irvin Seattle Divorce Attorney can help you understand the strengths and weaknesses of such agreements in your case, and how they might save you strife and money in the long run. Contact a McKinley Irvin Seattle divorce attorney today.



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