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Our attorneys at Twyford Law Office could help you navigate the impact of prenuptial agreements in a Bellevue high-asset divorce. We could represent you by analyzing how your prenuptial agreement’s terms may affect your rights to property and by making any necessary arguments to challenge the agreement’s enforceability.
Our firm’s history includes 40 years in practice, which gives us the ability to guide you through your high-asset divorce with a holistic approach. Prenuptial agreements pose a complication to most divorces, but we understand how to navigate these issues through aggressive representation that focuses on your goals.
Prenuptial agreements are contracts that spouses create in anticipation of their marriage and are a type of marital agreement that spouses could use under the Revised Code of Washington § 26.16.120. Their purpose is to establish each spouse’s rights and obligations regarding their assets and liabilities during their marriage. However, prenuptial agreements may also govern the disposition of property in the event of a divorce.
Divorcing spouses each have a general right to an equitable share of the community property in their marriage. This may include real estate, financial accounts, personal property, and other assets. A prenuptial agreement could shift the weight of the community property distribution to favor one spouse over the other.
A prenuptial agreement may also have terms that impact the status of past financial decisions in a Bellevue high-asset divorce. For example, a prenuptial agreement may require you to return gifts bought with separate property, or it could treat the payment of your spouse’s past debt as an advance toward their equitable share of community property.
Alimony or other spousal support is another major divorce issue that a prenuptial agreement could impact. An agreement could state if spousal support is available in a divorce and may determine other relevant details. Spousal support terms in a prenuptial agreement may be less favorable than what a court would grant based on a person’s financial need and other circumstances outlined in RCW 26.09.090. For example, the agreement may have predetermined spousal support amounts or may have amounts that vary based on how long your marriage lasted, regardless of your and your spouse’s net worth.
Enforcing a prenuptial agreement may be a point of dispute between spouses who find its terms unfair at the time of a divorce. Our lawyers could make a claim to reject the enforcement of your prenuptial agreement by reviewing the circumstances surrounding the agreement and other events in your marriage. A common issue that could invalidate a prenuptial agreement is improper execution, which may include the following:
Additional events during your marriage could also jeopardize the enforceability of a prenuptial agreement during a high-asset divorce in Bellevue. For example, you and your spouse could later agree to revoke the terms of a prenuptial agreement. You and your spouse could also take actions in your marriage that breach the agreement and weaken its overall enforceability. Terms involving child support and child custody are also not likely to be enforceable because courts have the authority to issue orders in the best interest of a child.
The impact of prenuptial agreements in a Bellevue high-asset divorce could be significant and complex. At Twyford Law Office, we work with you to address your prenuptial agreement and protect your interests and rights.
Schedule a free consultation with our dedicated legal team today.
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