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In Washington State the courts have enforced postnuptial agreements provided they meet certain standards.
A postnuptial agreement can create rules for many different things should the couple divorce. Asset and property division. Investments. Inheritance. Premarital assets. Debts. Retirement and 401(k) accounts. Child custody and child support. Alimony or spousal support.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.
When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.
It is created after a couple is married to define the rights and obligations of both partners if they were to separate or divorce. While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended.