This Postnuptial Property Agreement is made with the intent to define and specify the respective and collective rights of the parties in the separate and joint property of the parties. The parties acknowledge that they were represented by counsel during the negotiations of the agreement and the legal consequences of the agreement have been fully explained.
Seattle Washington Postnuptial Property Agreement
State:
Washington
City:
Seattle
Control #:
WA-01713-AZ
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Washington Postnuptial Property Agreement?
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FAQ
Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized. Some state laws may impose additional requirements, such as a requirement that the parties' signatures be witnessed.
Unlike the more widely known prenuptual agreement, or prenup, a postnup is agreed upon after a couple has married or entered a civil partnership. If you are not yet married, you will need to sign a prenup instead. There is no perfect time to sign a postnup, it can be created at any point during a marriage.
In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.
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.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
Postnuptial agreements is a relatively new concept and it does not have the amount of precedent to provide a solid ground for enforceability. In Washington State the courts have enforced postnuptial agreements provided they meet certain standards.