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Prenuptial Agreement Laws in Washington

Washington has no uniform premarital agreement act; under In re Marriage of Bernard a prenup that is substantively unfair is enforced only if there was full disclosure and it was freely signed on independent advice of counsel.

Last checked . General information, not legal advice.

Washington at a glance

Uniform act
No uniform act: case law governs
Courts apply the two-prong test from In re Marriage of Bernard (Wash. 2009).
Financial disclosure required
Only if terms are unfair
If the agreement makes fair and reasonable provision for the other spouse, it is enforced; otherwise full disclosure of the amount, character and value of property is required.
Waiting or review period
No fixed period: courts weigh timing
In Bernard, too little time for review before the wedding helped make the agreement procedurally unfair.
Independent counsel required
Weighed if terms are unfair
For a substantively unfair agreement, courts ask whether it was freely entered on independent advice from counsel with full knowledge of rights.

Sources

Last checked

The rules in Washington

Has Washington adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in Washington: No uniform act: case law governs. Courts apply the two-prong test from In re Marriage of Bernard (Wash. 2009).

Does a prenuptial agreement in Washington require financial disclosure to be enforceable?

Only if terms are unfair. Financial disclosure required in Washington: only if terms are unfair. If the agreement makes fair and reasonable provision for the other spouse, it is enforced; otherwise full disclosure of the amount, character and value of property is required.

Is there a waiting or review period before signing a prenup in Washington?

Waiting or review period in Washington: No fixed period: courts weigh timing. In Bernard, too little time for review before the wedding helped make the agreement procedurally unfair.

Does Washington law require each party to have an independent lawyer for a prenuptial agreement?

Weighed if terms are unfair. Independent counsel required in Washington: weighed if terms are unfair. For a substantively unfair agreement, courts ask whether it was freely entered on independent advice from counsel with full knowledge of rights.

Where do the Washington prenuptial agreement laws come from?

The rules above come from In re Marriage of Bernard, 165 Wn.2d 895 (2009). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.