Some of the Reasons for a Prenuptial Agreement.

Some months ago in this space we defined the prenuptial agreement.  Today let’s look at its pros.  For people with large estates the division of property in the event of a divorce can have an impact on their heirs after death.  This is especially true when BOTH parties have property that they do not wish to have co-mingled.  Property distribution and the assignment of debt are at issue if the union dissolves.

Personal issues such as child support and child custody are NOT part of a prenuptial agreement.  The court has the power to decide those issues based on the laws at the time of the divorce.  What ARE valid subjects, however, are real estate, business interests, significant retirement benefits, stock options, and other investments.  Some people may want to provide for their children from a previous marriage.  To be valid and enforceable, however, a prenuptial agreement must be carefully drafted.

In the future we will discuss the cons of a prenuptial agreement.  In the meantime, please know this…for more than three and a half decades Attorney Lyle M. Clark has been advising people seeking divorce in the Seattle area.  You and a generation before you have known him as a Bellevue WA divorce attorney.  Call him on any family legal matter at (425) 452-3092.

Defining the Term Divorce in the State of Washington.

Since 1973 the State of Washington has not used the word divorce to describe the legal process for ending a marriage.  The Washington State legislature adopted the Marriage Dissolution Act, which was designed to eliminate the concept of fault from marital proceedings.  The Act abolished the need to prove fault as the grounds for terminating a marriage and did away with the concept of alimony in favor of spousal maintenance.

Marriage dissolution is essentially the same thing as divorce except that “fault” also has no bearing on the division of property or the award of maintenance.  If a marriage is irretrievably broken, then there are grounds for the dissolution of marriage.  If, however, one of the parties desires to contest the dissolution, he or she can petition the court for conciliation, which is in effect forced marriage counseling through the Family Court.

Understanding divorce law in the Evergreen state can be a complicated matter.  You need the expertise of a veteran Seattle family attorney like Lyle M. Clark, Jr.  Attorney Clark will put his more than three decades of experience with the law to work for you to make sure that your side is represented aggressively.  Call Lyle Clark and make an appointment at his Bellevue office right away at (425) 452-3092.

What Is a Prenuptial Agreement?

You may have heard it referred to as a prenup.  It is a contract that you enter into prior to marriage that defines concerning ownership of property both before and after marriage.  No matter what the genders of the partners a prenup may or may not be right for you.

A prenuptial agreement has a wide variety of possibilities.  Commonly it includes the division of property and support of one spouse or the other in the event of a dissolution of the marriage (i.e. divorce).   In the State of Washington, the law gives individuals broad discretion to define their property rights.  Variations on prenuptial agreements include post-nuptial agreements, separate property agreements, co-habitation agreements, and separation agreements.

Prenuptial agreements are recognized, but are not always enforced.  To be valid, the agreement must be fair to both sides.  There must be full disclosure of all assets and their values before entering into the agreement.  Each party should seek separate attorney representation before signing the agreement.  The agreement must be in writing, signed and notarized.  Remember that oral prenups are not valid.

It is important to find an attorney with many decades of handling prenuptial agreements in the Seattle area.  Contact the office of Lyle Clark today at (425) 452-3092.  Have a frank and open discussion with him about the merits of this important document in your future.  Get a thorough explanation of all the elements that go into a prenuptial agreement.