A prenuptial agreement is designed to offer peace of mind before marriage—an agreement that outlines how assets and responsibilities will be handled if the relationship ends. Many couples assume that once it’s signed, a prenup is ironclad.
But here’s the surprise: a prenuptial agreement can, in some cases, be voided.
At Story Law, our Bellevue-based divorce lawyers are experienced in both enforcing and challenging prenuptial agreements. Whether you’re questioning the validity of a prenup or seeking to ensure one holds up, understanding the legal landscape is critical.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a written contract signed by two people before they marry. It typically outlines how property, debts, and financial issues will be handled during the marriage and in the event of a divorce.
Common elements of a prenup include:
- How property and assets will be divided
- Whether spousal support (alimony) will be paid
- How business interests will be handled
- Division of debts
- Protection of inheritance or separate property
In Washington State, prenuptial agreements are generally enforceable—but only if they meet strict legal standards. If those standards aren’t met, a prenup can be challenged and potentially invalidated in court.
Grounds for Voiding a Prenuptial Agreement
Not all prenuptial agreements are created equally. Several legal grounds may lead a court to void a prenup—either partially or in full.
1. Lack of Voluntary Consent
If one party was pressured, coerced, or manipulated into signing the agreement, the court may find that consent was not freely given.
Examples include:
- Signing the agreement just days or hours before the wedding
- Being told the wedding would be called off unless it was signed
- Lack of time to review or consult with a lawyer
2. Incomplete or Dishonest Financial Disclosure
Washington law requires full and fair disclosure of each party’s assets and debts before signing a prenuptial agreement. If one party hides assets or misrepresents their financial situation, the agreement could be voided.
3. Unconscionable Terms
Courts can invalidate prenups that are grossly unfair or one-sided. For example, if an agreement leaves one spouse with nothing while the other retains all wealth and assets, a judge may refuse to enforce it.
Unconscionability often depends on context—what seemed fair at the time may not be fair today, especially after a long marriage or major life changes.
4. Improper Execution or Legal Formalities
Even minor technical errors can render a prenup invalid. For example:
- The agreement was not in writing
- It was not signed by both parties
- It lacked notarization, if required
- One party was not given the opportunity to seek legal counsel
What Courts Look At When Deciding Validity
When one party challenges a prenuptial agreement, the court will examine several factors:
- Timing: Was the agreement signed well in advance of the wedding?
- Representation: Did both parties have an opportunity to consult their own divorce lawyer?
- Clarity: Was the language in the prenup clear and understandable?
- Disclosure: Did each party provide a full, accurate account of their assets and debts?
Courts will also consider any changes in circumstance that have occurred since the agreement was signed—especially if the enforcement would now cause severe hardship.
What Happens If a Prenup Is Voided?
If a prenuptial agreement is successfully challenged, the divorce will proceed without it. That means standard Washington State family law principles will apply.
Washington is a community property state, meaning:
- All property and debts acquired during the marriage are typically divided equally
- Separate property (owned before marriage) generally stays with its original owner
- Courts will decide spousal support based on need, income, and fairness
If the voided prenup covered major financial matters, the outcome of the divorce could change significantly—leading to more complex litigation.
How a Divorce Lawyer Can Help
Whether you’re trying to enforce a prenuptial agreement or believe one should be voided, legal guidance is essential.
An experienced divorce attorney can:
- Review the agreement for enforceability
- Identify any red flags or violations of legal standards
- Gather evidence to support or challenge the document
- Represent you in court if a legal dispute arises
- Guide you through the entire litigation process if necessary
At Story Law, we help clients protect their rights—whether they’re relying on a prenup or seeking to have one invalidated.
Why Story Law Is Bellevue’s Go-To Firm
Our team at Story Law understands the high stakes involved in prenuptial agreement disputes. We’ve represented clients in both enforcing well-crafted agreements and challenging flawed ones that would cause unfair outcomes.
Here’s what you can expect from our Bellevue family law firm:
- Strategic analysis of prenups and postnuptial agreements
- Experienced courtroom advocacy if litigation becomes necessary
- Compassionate, client-centered legal service throughout the divorce process
Whether you’re just starting the divorce conversation or in the middle of a legal dispute, we’ll help you make informed, confident decisions.
Know Your Rights Before You Sign—or Challenge—a Prenup
Just because a prenuptial agreement exists doesn’t mean it’s final. If you suspect your prenup was signed under pressure, lacks transparency, or contains unfair terms, you may have options.
Contact Story Law in Bellevue today to speak with an experienced divorce lawyer about reviewing or challenging your prenuptial agreement.
We’re here to protect your future—with knowledge, strategy, and legal strength.
