Prenuptial Agreements can bring peace of mind. Still, a lot of couples avoid them because of myths they’ve heard from friends, social media, or TV.
In Washington, courts often treat prenuptial agreements like other contracts. That means the details matter. Timing matters too. And how you and your partner handle the process can affect whether a judge will enforce the agreement later.
Below are ten common myths we hear from clients, along with what tends to be true in real Washington cases.
(This article is general information, not legal advice. Every relationship and financial picture is different.)
How Prenuptial Agreements Work in Washington
Before we get to the myths, here are a few basics.
- In Washington, an agreement made “upon consideration of marriage” must be in writing and signed.
- Washington courts also emphasize full disclosure, voluntary signing, and a fair process.
A prenup that looks fine on paper can still fail if the process felt rushed or one-sided.
Now, let’s clear up the biggest misunderstandings.
Myth 1: Prenuptial Agreements are only for wealthy couples
Many people think prenups are only for millionaires. In real life, lots of “regular” couples use prenups because they want clarity.
For example, a prenup may help when one or both partners has:
- student loans or credit card debt
- a business or side income
- kids from a prior relationship
- expected family gifts or inheritance
- a home they bought before the relationship
A prenup can also set ground rules for how you’ll handle money during the marriage, not just in divorce.
Myth 2: A prenup means you don’t trust your partner
A prenup does not have to feel like a “plan for divorce.” Many couples treat it like a planning tool.
It can support trust because it forces honest conversations:
- What do we own?
- What do we owe?
- How do we want to handle spending and saving?
- What happens if one of us pauses work to raise kids?
That kind of clarity often reduces future conflict.
Myth 3: You can sign a prenup the week of the wedding
Last-minute prenups create problems.
Washington cases focus on whether the agreement was entered into freely and with real understanding. If one partner feels pressured, the prenup becomes easier to attack later.
A safer approach is simple:
- start early
- share drafts back and forth
- give both people time to review and ask questions
When couples treat the prenup as a process, not a deadline, they usually get a stronger agreement.
Myth 4: Prenuptial Agreements are “ironclad” and can’t be challenged
A prenup can be challenged.
Washington courts review both the terms and the process. Even if the prenup exists, one spouse may argue:
- they didn’t know what they were signing
- they lacked key financial information
- the situation involved pressure or unfairness
A well-drafted prenup lowers risk. It does not eliminate it.
Myth 5: Only one lawyer is needed for both partners
Many couples try to “save money” by using one lawyer for both people. That can backfire.
Courts pay attention to whether each person had a fair chance to get independent advice.
A practical way to think about it:
- One lawyer can’t represent two people with competing interests without conflicts.
- Separate lawyers help show the process was fair and informed.
If budget is a concern, a lawyer can still help you structure the process in a way that feels balanced.
Myth 6: You can use a template and get the same protection
Templates can help you start a conversation. Still, they often miss Washington-specific risk points.
The bigger issue is not the formatting. It’s the missing details:
- incomplete disclosure schedules
- unclear definitions of separate vs. joint property
- vague terms that spark arguments later
- no process record showing voluntary agreement
A generic template rarely captures the real facts of your relationship.
Myth 7: Prenuptial Agreements can decide child custody and child support
In Washington, a prenup generally cannot decide child custody or child support in a binding way.
Courts treat those issues as centered on the child’s rights and best interests, not the parents’ private deal made years earlier.
You can still plan for parenting in other ways, such as:
- talking through values and expectations
- creating shared goals for education and expenses
But custody and support decisions usually remain subject to court review at the time of separation.
Myth 8: A prenup has to be filed with the court to count
In Washington, couples generally do not file a prenup with a court when they sign it.
Instead, the prenup usually sits in your records until it is needed. A judge reviews it later if divorce or another legal action raises it.
Because of that, keep it safe:
- store a signed copy in a secure place
- keep digital copies
- confirm both sides have the same final version
Myth 9: Prenuptial Agreements automatically expire after 10 years
People repeat this one a lot. In Washington, there is no automatic “10-year expiration” rule for prenups as a general principle. Enforceability tends to depend on how the agreement was made and whether it meets fairness standards, not the number of years you stayed married.
That said, life changes. So, many couples choose to:
- review their prenup after major milestones
- update it when finances shift
- use a postnuptial agreement if needed
A refresh can keep the agreement aligned with reality.
Myth 10: You can waive spousal support no matter what
Spousal support (maintenance) waivers can be tricky.
Washington courts look closely at fairness. Courts may refuse to enforce terms that are unconscionable or that leave one spouse in a harsh position.
So, even if the prenup says “no maintenance,” a court may still examine:
- what each person knew at signing
- whether the agreement was fair at the time
- the real-life impact at divorce
A stronger approach often uses clearer, more realistic guardrails, such as:
- a defined support amount or range
- a time limit
- conditions tied to length of marriage or time out of the workforce
What Actually Makes Prenuptial Agreements Stronger in WA
If you want a prenup that stands up better over time, these steps help in many cases:
- Full financial disclosure (assets, debts, income)
- Plenty of time before the wedding
- Separate lawyers, or at least a clear chance for each person to get counsel
- Plain-language terms that match your real goals
- A signing process that feels calm, not rushed
- A record of negotiation, not surprise
Questions to Ask Before You Sign
If you’re considering Prenuptial Agreements, here are helpful questions to discuss together (and with counsel):
- What do we each own today, and what do we owe?
- Do we want to keep certain property separate?
- How will we handle earnings during marriage?
- What happens if one of us leaves work to raise children?
- Do we want to protect a business, stock options, or expected inheritance?
- How will we handle major purchases, like a home?
- What do we want the divorce process to look like if it happens?
These questions can feel personal. Still, they often lead to more honesty and fewer surprises.
Talk With Story Law About Prenuptial Agreements
If you’re weighing Prenuptial Agreements in Washington, a thoughtful legal conversation can help you understand options without pressure.
At Story Law, we support couples and families across Bellevue and surrounding areas with steady, respectful guidance. If you want a prenup that fits your goals and respects both partners, our family law lawyer team is here to help.
