Prenuptial & Postnuptial Agreement Lawyers in Spokane
Securing Your Future for Clients in Eastern Washington
A common misconception persists that prenuptial and postnuptial agreements are "previews for divorce" or signs of a lack of trust.
In reality, these agreements are proactive financial tools, much like an insurance policy or an estate plan; they allow you to enter or continue a marriage with total transparency. By defining expectations early, you can actually strengthen your relationship by removing the stress and uncertainty surrounding financial “what-ifs.”
At Allen | Fischer, we believe that clarity is the foundation of a healthy marriage. We help clients in Spokane and across Eastern Washington draft agreements that protect individual assets, define community property, and provide a clear roadmap for the future, promoting security and respect between partners.
Call (509) 262-3024 or reach us online for an initial in-office or virtual consultation with a Spokane prenuptial and postnuptial agreement attorney.
How Allen | Fischer Protects Your Interests
Drafting an agreement that actually holds up in court requires precision. At Allen | Fischer, we take the following steps to create agreements that are shields rather than liabilities.
- Comprehensive disclosure: We assist in the thorough cataloging of assets and debts to prevent future claims of hidden wealth.
- Independent representation: To ensure enforceability, we recommend each spouse have their own attorney. We provide focused, one-sided advocacy for our client while maintaining a professional, collaborative tone with the other spouse's counsel.
- Custom drafting: We avoid cookie-cutter templates. We draft language that reflects your specific life situation, whether you are a business owner, a high-net-worth individual, or a professional with significant future earning potential.
What Can (& Cannot) Be Addressed
In Washington, these agreements offer significant flexibility, but they must comply with specific legal requirements.
What Can Be Included
- Asset characterization: Identifying which property is "separate" (owned before marriage) and which is "community" (owned together).
- Inheritances and gifts: Clarification of family legacies that remain with the intended spouse.
- Debts: Defining who is responsible for pre-marital debts, such as student loans or business liabilities.
- Spousal maintenance: Predetermining whether alimony will be paid, for how long, and in what amount.
What Cannot Be Included
- Child custody and support: Under Washington law, you cannot contract away the rights of a child. Decisions regarding children must always be made in the child's best interests at the time of a separation.
- Provisions encouraging divorce: Any clause that financially incentivizes a breakup may be found void.
- Unconscionable terms: Agreements that leave one spouse completely destitute while the other remains wealthy are typically rejected by the court.
Making Your Agreement Enforceable
Washington courts apply a strict two-pronged test (established in the case In re Marriage of Matson) to determine whether an agreement is valid.
To be enforceable, the agreement must be:
- Substantively fair. The division of assets must be fair and equitable to the spouse not seeking the protection.
- Procedurally fair. Both parties must provide full financial disclosure and must have had the opportunity to consult with independent legal counsel.
