In Washington State, unless there is a specific contract addressing the issues involved in a divorce, the courts will apply Washington State law to resolve all issues related to the divorce. If there is a specific contract, more commonly known as a pre-nuptial or "prenup" agreement, the court will use the provisions of this contract to make determinations regarding financial matters in a divorce. Having a pre-nuptial or a pre-marital agreement in place prior to the marriage can save a lot of headaches, expenses, litigation, and misunderstandings should the marriage come to an end. There is also the additional benefit of having that very important conversation with your significant other about each other's financial responsibilities, assets, and expectations during the marriage.
One of the most important, and often overlooked aspect of a pre nuptial agreement is that it must be drafted and constructed in a manner that will ensure the contract will be enforced by the courts should it ever come to that. There a many factors that the court will consider when making the decision to enforce the provisions of a pre-nuptial agreement. The law offices of R. Bryan Geissler has extensive experience in drafting these contracts in a manner that is acceptable to the court, as well as challenging contracts that were not properly drafted and constructed by the opposing party. Contact us today to find out if a Pre-Nuptial agreement is the right decision for you and your future spouse.