PREMARITAL AGREEMENT (WASHINGTON STATE)
Comprehensive Template – Court-Ready Draft
[// GUIDANCE: This template is drafted to comply with the Washington Uniform Premarital Agreement Act (UPAA), RCW 26.16.200 et seq., current as of the date of drafting. Customize bracketed terms, review all schedules, and attach each party’s Financial Disclosure (Schedule A – Party A; Schedule B – Party B).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Recitals & Consideration
- Operative Provisions
4.1 Characterization of Property
4.2 Management & Control During Marriage
4.3 Disposition Upon Dissolution, Separation, or Death
4.4 Spousal Support
4.5 Debt Allocation
4.6 Disclosure & Waiver of Additional Disclosure - Representations & Warranties
- Covenants & Ongoing Duties
- Default & Remedies
- Risk Allocation
8.1 Mutual Indemnification
8.2 Limitation of Liability
8.3 Force Majeure - Dispute Resolution
- General Provisions
- Execution Block
- Schedules
1. DOCUMENT HEADER
THIS PREMARITAL AGREEMENT (“Agreement”) is made and entered into as of [EFFECTIVE DATE], by and between [PARTY A FULL LEGAL NAME] (“Party A”) and [PARTY B FULL LEGAL NAME] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).
Jurisdiction: State of Washington
Governing Law: Washington family law, including RCW 26.16.200 et seq.
Forum: Superior Court of the State of Washington, Family Law Division (the “Family Court”)
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms appear in alphabetical order and are capitalized throughout.
“Community Property” – Property that, absent this Agreement, would be classified as community property under Washington law.
“Disclosure Schedules” – Schedule A (Party A’s Financial Statement) and Schedule B (Party B’s Financial Statement).
“Separate Property” – Property characterized as separate under Section 4.1.
“Triggering Event” – (i) legal separation, (ii) dissolution of marriage, or (iii) death of a Party.
[// GUIDANCE: Add or delete definitions as necessary for bespoke provisions.]
3. RECITALS & CONSIDERATION
A. The Parties contemplate legal marriage to each other on or about [MARRIAGE DATE] in [COUNTY], Washington.
B. Each Party owns property and/or expects to acquire property and incur obligations.
C. The Parties desire, pursuant to RCW 26.16.200 et seq., to supersede Washington’s community-property regime and set forth their respective rights in property, income, and obligations, both present and future.
D. Adequate, fair, and reasonable disclosure of each Party’s financial circumstances has been made, as evidenced by the attached Disclosure Schedules.
E. The Parties enter into this Agreement voluntarily, free of duress, coercion, or undue influence, and each has had the opportunity to seek independent legal counsel.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
4. OPERATIVE PROVISIONS
4.1 Characterization of Property
4.1.1 Separate Property. All assets listed on the Disclosure Schedules, and all assets hereafter acquired by a Party in that Party’s sole name or by gift, devise, descent, or personal injury recovery, together with all rents, issues, profits, and appreciation thereof, shall be that Party’s Separate Property.
4.1.2 Community Property Waiver. To the maximum extent permitted by RCW 26.16.200 et seq., each Party waives and relinquishes any claim to the Separate Property of the other, whether such claim would arise under community-property principles or otherwise.
4.2 Management & Control During Marriage
Subject to subsections 4.1 and 4.5, each Party shall have the exclusive right to manage, control, encumber, sell, or otherwise dispose of his or her Separate Property without the joinder or consent of the other Party.
4.3 Disposition Upon Triggering Event
4.3.1 Dissolution or Legal Separation. Upon a Triggering Event described in Section 2, each Party shall retain his or her Separate Property free and clear of any claim. Community-like property (if any) shall be divided [EQUAL / AS SET FORTH IN SCHEDULE C].
4.3.2 Death. Nothing herein limits testamentary dispositions. Any property not effectively disposed of by will or trust shall pass according to the terms of this Agreement and Washington probate law. Parties waive any homestead or statutory elective share inconsistent with this Agreement.
4.4 Spousal Support
4.4.1 Limited Waiver. Subject to judicial review under RCW 26.16.215, each Party waives spousal maintenance except as provided in Schedule D.
4.4.2 Judicial Override. A court of competent jurisdiction may modify or refuse enforcement of the maintenance waiver if it would result in the spouse becoming dependent on public assistance or if enforcement would be unconscionable at the time of enforcement.
4.5 Debt Allocation
4.5.1 Pre-Marriage Debts. Each Party remains solely liable for debts incurred before marriage.
4.5.2 Post-Marriage Debts. Debts incurred during marriage shall be the separate obligation of the incurring Party unless expressly agreed in writing to be joint.
4.6 Disclosure & Waiver of Additional Disclosure
Each Party acknowledges:
(a) receipt of fair and reasonable disclosure of the property and financial obligations of the other Party;
(b) opportunity to consult independent counsel;
(c) voluntary, knowledgeable waiver of any right to additional disclosure beyond the attached Disclosure Schedules.
5. REPRESENTATIONS & WARRANTIES
5.1 Authority & Capacity. Each Party is legally competent and has full authority to execute this Agreement.
5.2 No Undisclosed Assets or Liabilities. Each Party represents that the Disclosure Schedules are complete and accurate in all material respects.
5.3 No Fraud or Duress. Execution is voluntary and free from fraud, duress, or undue influence.
Survival. The representations and warranties in this Section 5 shall survive the marriage and any Triggering Event.
6. COVENANTS & ONGOING DUTIES
6.1 Further Assurances. Each Party shall execute any documents reasonably necessary to carry out the intent of this Agreement.
6.2 Notice of Significant Change. A Party shall provide written notice to the other within thirty (30) days of any asset acquisition or liability incurrence exceeding $[THRESHOLD AMOUNT].
6.3 Confidentiality. Except as required by law or court order, Parties shall keep the terms of this Agreement confidential.
7. DEFAULT & REMEDIES
7.1 Events of Default. A Party’s failure to comply with Sections 4 or 6 constitutes a default.
7.2 Cure Period. The non-defaulting Party shall provide written notice specifying the breach; the defaulting Party has fifteen (15) days to cure.
7.3 Remedies. If uncured, the non-defaulting Party may seek:
(a) Specific performance;
(b) Injunctive relief to prevent transfer or encumbrance of property;
(c) Attorney’s fees and costs; and
(d) Any other remedy available at law or equity.
8. RISK ALLOCATION
8.1 Mutual Indemnification
Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party (“Indemnitee”) from any loss, liability, or expense (including reasonable attorneys’ fees) arising from Indemnitor’s breach of this Agreement or undisclosed debts.
8.2 Limitation of Liability
Except for willful misconduct or fraud, each Party’s aggregate liability under this Agreement shall not exceed $[CAP AMOUNT] or the value of the assets wrongfully transferred, whichever is greater.
8.3 Force Majeure
No Party shall be liable for failure or delay in performance (excluding payment obligations) caused by events beyond reasonable control, including governmental actions, natural disasters, or civil unrest.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Agreement shall be governed by the laws of the State of Washington.
9.2 Forum Selection. Exclusive venue lies in the Family Court of [COUNTY], Washington.
9.3 Limited Arbitration. Property-valuation disputes not involving child support or parenting plans may, upon mutual written consent after a dispute arises, be submitted to binding arbitration under RCW 7.04A. Judgment upon the award may be entered in the Family Court.
9.4 Jury Waiver. Not applicable—Family Court proceedings are non-jury per Washington procedure.
9.5 Injunctive Relief. A Party may seek specific performance or temporary/permanent injunctive relief in the Family Court notwithstanding Section 9.3.
10. GENERAL PROVISIONS
10.1 Amendments & Waivers. Must be in a writing signed by both Parties and notarized.
10.2 Severability & Reformation. If any provision is unenforceable, a court shall modify to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.
10.3 Entire Agreement. This Agreement supersedes all prior oral or written agreements between the Parties on the subject matter hereof.
10.4 Successors & Assigns. This Agreement binds the Parties and their respective heirs, personal representatives, and permitted assigns.
10.5 Assignment. Neither Party may assign rights or delegate duties without prior written consent of the other Party.
10.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all constitute one instrument. Signatures delivered electronically shall be deemed originals for all purposes.
10.7 Notices. Any notice under this Agreement shall be in writing and deemed given when (i) delivered personally, (ii) sent by certified mail, return receipt requested, or (iii) sent by nationally recognized overnight courier, addressed to the Party at the last address provided in writing.
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
| PARTY A | PARTY B |
|---|---|
| ________ | ________ |
| [PARTY A NAME] | [PARTY B NAME] |
| Date: _____ | Date: _____ |
NOTARY ACKNOWLEDGMENT
State of Washington )
County of ____ ) ss.
On this _ day of __, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME] and [PARTY B NAME], personally known to me (or proved on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public in and for the State of Washington
My commission expires: ____
12. SCHEDULES
• Schedule A – Party A Financial Disclosure
• Schedule B – Party B Financial Disclosure
• Schedule C – Community-Like Property Allocation (if any)
• Schedule D – Spousal Support Terms (if any)
[// GUIDANCE: Attach detailed, itemized balance sheets listing all real and personal property, income streams, retirement accounts, debts, and contingent liabilities. Consider requiring each Party to initial every page of the Schedules to bolster proof of disclosure.]
End of Template