STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Washington: Requirements & How to Get One

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Is a prenup enforceable in Washington? The short answer

Yes — prenuptial agreements are legally enforceable in Washington under Washington law. To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

Washington at a glance

Legal framework
Case-law (common law) framework
Property system
Community property

Most property acquired during the marriage is owned 50/50 unless your agreement says otherwise.

Notarization
Recommended
Witnesses
Not required
Financial disclosure
Strict — full disclosure is essential
Independent lawyers
Required in certain situations
Spousal support terms
Can be set in your agreement

Washington prenup questions, answered

Are prenuptial agreements enforceable in Washington?

Yes. Washington enforces prenuptial agreements under long-standing court decisions (case law). The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

Does a prenup need to be notarized in Washington?

Notarization is not strictly required in Washington, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Washington signing instructions include it.

Do you need witnesses to sign a prenup in Washington?

No — Washington does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.

Do we each need a lawyer to get a prenup in Washington?

In certain situations, yes — Washington requires independent counsel for some terms. For most couples it is strongly recommended but not mandatory; having each partner at least offered the chance to consult a lawyer makes the agreement much stronger.

Is Washington a community property state?

Yes. Washington is a community property state — without an agreement, most property acquired during the marriage is owned 50/50. A prenup lets you set your own rules for what stays separate and what is shared.

Can a prenup waive or limit spousal support (alimony) in Washington?

Yes — Washington allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Washington require for a prenup?

Washington takes disclosure seriously: each partner must give a full and fair picture of their assets, debts, and income before signing. Incomplete disclosure is the most common reason prenups get thrown out. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Washington?

Washington has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Washington?

Attorney-drafted prenups in Washington commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Washington-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Washington signing instructions — with optional online e-sign and notarization for $50.

How to sign your prenuptial agreement in Washington

  1. 1

    Both parties review the final prenuptial agreement and all attached financial schedules.

  2. 2

    Have each party's own independent attorney review the agreement before signing (strongly recommended).

  3. 3

    Both parties sign the prenuptial agreement.

  4. 4

    Have the agreement notarized. While Washington does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  5. 5

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 1 × Notary Public (recommended)

3 people total at signing

Good to know in Washington

  • In Washington, courts weigh independent counsel heavily: if an agreement's terms are not plainly fair, having had independent attorneys can be decisive for enforcement. If either party proceeds without an attorney, keep the terms balanced and the disclosure thorough.

This guide is general information about Washington law, not legal advice. For advice on your specific situation, consult a licensed attorney in Washington. See our full legal disclaimer.

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