Spokane Postnuptial Agreement Lawyer

Dedicated Postnuptial Agreement Attorney in Spokane, WA

Your marriage, finances, business interests, family circumstances, and many more areas of your life can change over time. A postnuptial agreement can help you and your spouse address those changes by setting clear expectations about property or other legal issues while you are still married. With the help of a Spokane postnuptial agreement lawyer, you can set up a comprehensive and enforceable postnuptial agreement.

Why Choose The Legal Hill, PLLC?

Attorney Kara D. Hill is a skilled Spokane family law attorney who handles cases in a variety of areas, including prenuptial and postnuptial agreements, divorce, mediation, and other family law matters. She founded The Legal Hill, PLLC in 2020 after years of successful litigation experience in the Philadelphia area.

What Is a Postnuptial Agreement?

In 2024, there were about 280,592,838 total marriages in the United States, with a marriage rate of 5.6 per 1,000 people in Washington. This is a large number of individuals who may no longer be eligible to create a prenuptial agreement, or prenup, to outline their financial values during the marriage and create a plan in the event of a divorce. However, postnuptial agreements, or postnups, offer another option.

A postnuptial agreement, or a postnup, is a written agreement that spouses can make after they are already married. It is similar to a prenup, simply made after marriage.

A postnup can address financial and legal issues that may apply during the marriage and in the event that you and your spouse separate or get a divorce. The exact provisions in a postnup depend on you and your spouse’s goals and circumstances, but may address issues such as:

• What property is separate versus community property
• How income and assets acquired during the marriage are used
• Business ownership interests
• Deciding how certain debts or other financial obligations are handled
• Both spouses’ financial rights and responsibilities if the marriage ends

A postnup is a private contract between you and your spouse. A Spokane postnuptial agreement lawyer can help you make sure your agreement is properly created, but because it is private, you do not need to file it with the Spokane Superior Court.

Advantages of Having a Postnuptial Agreement

A postnuptial agreement provides spouses with greater clarity about their finances and can provide safety in the event of a divorce. While every couple’s situation is different, some of the advantages of a postnup may include:

• Protecting separate assets. In a postnup, you have the opportunity to clearly name what property is the separate property of each spouse, including both assets and debts. This can protect it from the other spouse claiming community property rights.
• Clarifying property rights. Beyond simply naming what property is separate property, you can also clarify what property is shared and how this property would be divided in the event of a divorce or separation.
• Creating a plan for income, assets, and debts during the marriage. Many couples use a postnuptial agreement to create a financial plan on how to handle certain assets. This could include designating certain income as separate property, using one spouse’s income to pay off a debt, or another plan that advances their financial goals and stability.
• Planning for a potential divorce. While nobody enters a marriage expecting it to end, it is estimated that 40% of marriages end in divorce. A properly prepared agreement that outlines property rights and property division can reduce conflict and make sure both spouses’ rights are protected. Many spouses appreciate having these conversations early, rather than during a contentious or emotional divorce process.

Why You Should Hire a Postnuptial Agreement Lawyer

Creating a postnup is not straightforward. A Spokane postnuptial agreement lawyer can:

• Review you and your spouse’s finances to help you make a comprehensive plan
• Facilitate negotiations between you and your spouse regarding the terms of the agreement
• Draft a specific, enforceable agreement that reflects your goals and intentions
• Make sure that your agreement adheres to Washington’s postnup laws
• Review a document to make sure it aligns with your interests before signing

FAQs

Can I Have a Postnuptial Agreement in Washington State?

Yes, Washington’s postnup laws do recognize postnuptial agreements as legally valid. If you are looking for more clarity surrounding how your property and other legal affairs are managed and owned, a postnuptial agreement is a potential option for you, and it is worth speaking with a Spokane postnuptial agreement attorney about your case.

Do You Need a Lawyer to Get a Postnup?

While postnup laws do not specifically require spouses to have a lawyer in order for a postnup to be legally valid, it is strongly recommended to hire a postnuptial agreement lawyer. Handling a postnuptial agreement case alone can leave you at risk for errors that may make your agreement invalid or may mean that the agreement does not protect your interests. A lawyer can help you avoid these mistakes while also making the process of creating a postnup easier.

What Voids a Postnuptial Agreement?

A postnuptial agreement can be voided for several reasons, such as if it can be proved that it is fraudulent, if one party signed or wrote the postnup under duress or coercion, if the court determines that it is significantly unfair to one spouse, or if it was created without both spouses’ full financial disclosure. These are only a few examples of why a postnup may be invalid, which is why it is important to check with a lawyer when creating an agreement.

What Cannot Be Included in a Postnuptial Agreement?

A postnup cannot include certain provisions that encourage divorce or involve personal choices and lifestyle requirements, as a postnup is meant to be a legal and financial tool. Similarly, a postnup cannot be used to make child custody or child support decisions, especially if the decisions are not in the child’s best interest.

Reach Out to a Knowledgeable Spokane Postnuptial Agreement Attorney Today

Creating a postnup can be an important financial and legal protection, both during your marriage and if you eventually separate or divorce. Contact The Legal Hill, PLLC, to set up an agreement that advances your financial security.