Have you been considering a postnuptial agreement in Spokane, Washington? Gallagher Law can help when you call (509) 326-4162. We offer a free thirty-minute consultation with a Spokane postnuptial agreement lawyer who can explain your options and help you protect what matters most as your marriage and financial circumstances evolve.
Over time, marriages and financial situations can change in unexpected ways. Many couples did not sign a prenuptial agreement before marrying, but a postnuptial agreement can still provide clarity and protection. With more than 28 years of experience handling complex family law matters, our team is trusted in the Spokane community.
Why Should I Trust Gallagher Law To Help With a Postnuptial Agreement in Spokane?
When you hire Gallagher Law for help with a postnuptial agreement in Spokane, WA, you have a team dedicated to helping you secure the results you deserve. A Spokane divorce lawyer can help you identify your priorities, facilitate mediation, and bring in experts when necessary to ensure you have complete information before signing any agreement.
While many couples execute prenuptial agreements, just as many get married without a written plan in place. You may have married young or in a hurry, without considering the possibility of a future separation. Over time, circumstances can change. A postnuptial agreement can help address life’s twists and turns and protect what matters most to you.
Discussing finances with your spouse can already be difficult. Negotiating a formal written agreement can add additional strain. Having an experienced Spokane family law attorney by your side can help the process move forward with clarity and confidence.
Are you ready to learn about your legal rights? Call our Spokane family law attorneys for a free thirty-minute consultation today.
What Is a Postnuptial Agreement?
Postnuptial agreements are written contracts executed between two current spouses. Most couples are familiar with prenups. Prenuptial agreements dictate how property, assets, and finances will be handled if the couple decides to separate or divorce.
A postnuptial agreement is very similar; the primary difference is that a postnuptial agreement is executed after the couple has already married.
What Can a Postnuptial Agreement Do in Spokane?
Postnuptial agreements can address a range of issues based on the couple’s unique circumstances. Postnuptial agreements provide each spouse with a clear picture of their financial rights and duties. These agreements can deal with matters during and after a marriage.
While postnuptial agreements can be tailored to a couple’s situation, postnuptial agreements generally:
- List and identify each spouse’s assets and debts
- Provide details on how assets will be divided between the spouses in a divorce
- Dictate which spouse is responsible for existing debts
- Determine how debts acquired during the marriage will be handled
- List each party’s financial obligations during the marriage
- Outline each party’s responsibility to contribute to joint accounts or retirement plans
- Provide for any spousal support or alimony obligations that will exist after the marriage
- Identify any property that will be treated as separate property of either spouse
- Identify specific property that will be treated as community property
- Outline each spouse’s rights with respect to buying, selling, or transferring property
- Accomplish estate planning objectives
- Protect children from prior marriages if the couple decides to divorce
- Determine how a business will be valued and divided upon divorce
- Address any insurance obligations during or after the marriage
Postnuptial agreements are extremely flexible. The terms of the agreement will depend on the couple’s concerns and goals. In all cases, it’s important to consider both current and prospective future concerns. The marriage will continue to evolve even after the postnup is executed.
Our attorneys understand the issues your family may be facing. When you hire our Spokane postnuptial agreement attorneys, you’ll have a team working by your side to protect your interests.
Overview of the Laws Governing Postnuptial Agreements in Washington
Postnuptial agreements are legally binding contracts. It’s important to understand Washington’s laws on contract enforcement. When couples fail to satisfy the state’s legal requirements, they may find that the courts will decline to enforce the agreement.
To be enforceable in Washington state, a postnuptial agreement must:
- Be entered into voluntarily by each spouse
- Be signed and in writing
- Be fair
- Not be entered into as a result of fraud, coercion, or duress
- Not be designed to promote divorce
The two parties to a postnuptial agreement are already married. The law recognizes that there may be limited bargaining power in these circumstances. That means judges will be particularly vigilant in examining a postnup’s terms for fairness.
It’s always a good idea for each spouse to secure independent legal representation. Your lawyer will understand the laws governing postnuptial agreements. They can help you craft an agreement that will be respected at a later date.
What Are Some of the Benefits of a Postnuptial Agreement in Washington State?
Both prenuptial and postnuptial agreements are incredibly valuable tools in Washington. Washington is one of the few states that continues to follow community property laws.
This means marital property, or community property, is generally split 50/50 in the event of divorce. Equitable distribution states provide for a “fair”, but not necessarily equal, division of marital property.
That said, any couple may have their own reasons for executing a postnuptial agreement.
Postnuptial agreements:
- Provide couples with peace of mind and clarity as to how their finances will be handled in uncertain times
- Allow couples to agree on important financial matters at a time when the relationship is strong, rather than during a divorce, when emotions tend to run high
- Encourage open communication between the spouses about financial matters during the marriage
- Maintain family wealth within the family even after a divorce
- Allow families to keep sensitive family matters private and prevent them from becoming public during a divorce
- Allow families to avoid prolonged divorce trials, protecting any minor children from the trauma of a lengthy divorce
- Allow self-employed business owners to protect their businesses
- Ensure continuity in family business operations should the couple decide to divorce
- Protect either spouse from the debts and liabilities of the other spouse
Postnuptial agreements can help you plan for the unexpected. They aren’t only for the wealthy. Any couple can benefit from gaining a clear picture of their financial responsibilities and rights.
Who Should Consider a Postnuptial Agreement in Washington?
Again, any couple can benefit from a postnuptial agreement. However, couples who may particularly benefit are those who:
- Are experiencing changing financial circumstances
- Own significant assets
- Are business owners
- Have concerns about safeguarding inheritances or assets for children
- Have sensed a change in their marital dynamics over time
- One spouse has received a substantial gift or inheritance
Our attorneys in Spokane work with couples in diverse circumstances. We have the skills to help you develop a custom-made agreement that will protect your interests.
Can an Existing Postnuptial Agreement Be Challenged in Spokane?
Challenging a legally executed postnuptial agreement is difficult. It’s not impossible. Many different reasons can motivate a judge to declare that a postnup is not enforceable.
“Unconscionability” is the legal basis for many challenges. Unconscionable means something very similar to unfair.
A postnuptial agreement may be unconscionable if:
- Either spouse failed to make a full and accurate disclosure of their assets or debts
- Either spouse was prevented from obtaining independent legal counsel
- The agreement was so unfair as to one spouse that it served to encourage divorce
For example, assume one spouse hid assets from the other in order to prevent their consideration during negotiations. The court may find that the other spouse would not have entered the agreement absent the fraudulent concealment.
Postnups are generally enforceable even if they give one spouse more money than the other. That’s true if each spouse had full information.
Can a Postnuptial Agreement Cover Child Custody Matters in Washington?
Postnuptial agreements are designed to protect a couple’s financial interests. They cannot deal with child custody or child support matters. Child custody and child support are determined in accordance with the laws that exist at the time the couple divorces.
Child custody matters are resolved based on what is in the best interests of the child. Child support, on the other hand, is determined based on state guidelines. Family law judges will not enforce child support and child custody issues included in the agreement.
Can I Seek To Modify an Existing Postnuptial Agreement in Washington State?
It’s always possible to modify a contract as time passes. Both spouses must agree to the modification. The modification itself must comply with the legal requirements for a postnup. It’s also possible to revoke a postnuptial agreement.
Contact a Trusted Spokane Postnuptial Agreement Lawyer for a Free Thirty-Minute Consultation
A postnuptial agreement can shape your financial future and provide clarity during uncertain times. Making sure it is properly drafted and legally enforceable is essential. An experienced Spokane postnuptial agreement attorney can help you understand your options and ensure your interests are fully protected.
If you are considering a postnup in Spokane, Washington, contact Gallagher Law today to schedule a free, confidential 30-minute consultation.