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How do you draft a prenup? To draft a prenup, identify all assets, debts, and financial responsibilities. Include detailed provisions for asset division and spousal support. Consulting legal experts and using reputable templates can help ensure the agreement is comprehensive and enforceable.

You need a professional to ensure that your prenup is legally solid. An experienced attorney knows how to make a prenuptial agreement valid. Your future spouse should also have their own attorney, who should review the terms of the prenup on behalf of their client.

Assuming that the prenup is valid, Washington courts give couples considerable discretion to make their own agreement regarding property and assets. A well-constructed prenuptial agreement could make the divorce process less challenging. That being said, there are limits on what you can use a prenup for in Washington.

For long-term marriages (over 25 years), the court will usually try to put both parties in an equal financial position for either the remainder of their lives or until both parties retire. The idea is that after 25 years, the parties should be recognized as financially equal partners.

While all 50 states recognize prenups, they may have different rules. For example, some states have their own sunset provision laws that phase out or end a prenuptial agreement after a certain period of time or life event, such as a child's birth.

Our Washington State prenuptial agreement lawyers are often asked if prenups are even valid or enforceable. There seems to be a widespread misperception that they are no longer accepted by our courts. This is untrue. Despite rumors to the contrary, these agreements remain an important part of Washington's divorce laws.

Prenups generally last the lifetime of the marriage. There is no automatic termination date unless specified within the agreement. Terms can include sunset clauses, which limit the duration to a pre-determined number of years. For example, a clause may state the prenup expires after 10 years of marriage unless renewed.

If even one legitimate asset were omitted from the discovery process when drafting the prenup, even if it was left out accidentally, this loophole could void the prenup, meaning it would be difficult or impossible to enforce. Failure to follow premarital agreement procedures could also be considered a loophole.