A prenuptial agreement is a contractual agreement entered into by a husband and wife prior to marriage, concerning issues in the event of divorce. A postnuptial agreement is similar, except that it is executed after the parties are married. These agreements address such issues as identifying separate and community property and debt and in case of divorce. Parties may not contract parenting issues, nor may they contract issues of alimony or child support.

Whether to enter into a prenuptial agreement is a highly personal decision. On the one hand, no one wants to plan for a new marriage to fail. On the other hand, drafting an agreement together can give each party notice about each other’s intentions and expectations about the marriage.

A major issue regarding prenuptial agreements is whether they will be enforced later. An agreement will be held invalid if it is obviously unfair to one party or if the agreement was signed under unfair conditions. For example, each party must recognize that he or she has the right to independent legal counsel prior to signing. Also, there must be a reasonable time period between a request to sign an agreement and the marriage ceremony. Courts recognize that a party should not feel forced into signing an agreement by being presented with one just before marriage. If the court determines that the prenuptial agreement’s terms are unfair, or that the circumstances regarding the signing of the agreement were unfair, the agreement will be deemed invalid.

A competent Seattle divorce attorney should be consulted before signing or presenting a prenuptial agreement because the legal issues are complex and the risks are significant. A pre or postnuptial agreement, if executed properly, and if the parties truly agree on its terms, can serve the best interests of both parties in a marriage.