Many couples enter into a prenuptial agreement thinking they’ve secured their future. But when divorce becomes a reality, some discover that their prenup won’t hold up in court. In Washington State, prenuptial agreements must meet specific legal standards to be enforceable. If any of those standards are overlooked, the agreement may be partially—or completely—invalidated.
At Story Law in Bellevue, we help clients create and defend solid prenuptial agreements. Understanding the most common reasons a prenup might fail is key to protecting your assets, your rights, and your peace of mind.
Lack of Voluntary and Informed Consent
One of the most frequent reasons a prenuptial agreement fails is lack of voluntary and informed consent. In Washington, both parties must enter into the agreement freely, without coercion, pressure, or manipulation. If one spouse was pushed to sign just days before the wedding, or if they didn’t understand what they were agreeing to, the court may find that consent was not truly voluntary.
Judges also look at whether both parties had time to consult with legal counsel before signing. If only one party had a lawyer—or if both skipped legal advice entirely—the agreement is more vulnerable to challenge. At Story Law, we advise both parties to seek independent legal review. This helps ensure fairness and makes the agreement more defensible in the future.
Incomplete or Dishonest Financial Disclosure
Another major issue that can lead to a prenup being thrown out is incomplete or inaccurate financial disclosure. A prenuptial agreement is only valid when both people are honest about their assets, income, debts, and liabilities. If either party hides financial details—intentionally or unintentionally—it can make the entire agreement unenforceable.
Washington courts take disclosure seriously. If someone later discovers that the other party failed to list a bank account, business interest, or significant debt, the court may rule that the agreement wasn’t entered into with full awareness. That undermines the foundation of fairness the law requires.
Unfair or Unconscionable Terms
A prenuptial agreement must be fair when it’s signed, and it must remain fair at the time of enforcement. Courts will not enforce terms that are grossly one-sided or exploitative. For example, if one spouse gives up the right to spousal support while the other holds most or all of the assets, a judge may view the agreement as unconscionable.
It’s important to understand that “unfair” doesn’t mean “unequal.” One party can waive certain rights or agree to less property, as long as the overall agreement is reasonable and both parties had full knowledge and choice. At Story Law, we help clients strike the right balance between financial protection and legal defensibility.
Failure to Follow Legal Formalities
Even if the terms of a prenuptial agreement are fair, it can still fail if it wasn’t executed correctly. Washington law requires that prenups be in writing and signed by both parties. But beyond the signature, there are other requirements too—such as clarity of language, enforceable terms, and the ability to show that both parties understood what they were signing.
A poorly drafted or vague agreement may lead to confusion and litigation. At Story Law, we ensure that every prenuptial agreement is written with the appropriate legal structure and contains the necessary elements to hold up under scrutiny.
Timing of the Agreement
Timing can also affect enforceability. A prenuptial agreement signed just days before the wedding raises red flags, especially if one party felt rushed or pressured. The closer to the wedding date the agreement is signed, the more likely a judge is to question whether it was truly voluntary.
Ideally, the process of creating a prenuptial agreement should begin several months in advance. This gives both parties time to reflect, negotiate, and consult with attorneys—without feeling rushed or cornered. Courts are more likely to enforce an agreement that appears thoughtful and mutually crafted.
Invalid or Improper Spousal Support Waivers
Some couples include clauses that waive or limit spousal support (alimony) in the event of a divorce. While Washington allows this in some cases, such clauses are highly scrutinized. If enforcing the spousal support waiver would cause undue hardship to one spouse—especially if circumstances have changed significantly—a court may set that part of the agreement aside.
For example, if one spouse gave up a career to raise children and later finds themselves without income or retirement savings, a strict waiver of support may be considered unfair. At Story Law, we recommend including reasonable support terms or review clauses to protect both parties while respecting court standards.
Violations of Public Policy
Prenuptial agreements cannot include terms that violate public policy. Common examples include clauses that attempt to dictate child custody, punish infidelity, or waive child support. Washington courts will not enforce these provisions, even if both parties agreed to them.
Child-related matters must always be decided based on the best interests of the child at the time of the separation—not based on prior contracts between the parents. A prenup should focus on financial matters like property division and spousal support, while leaving custody and parenting issues for later legal proceedings.
Life Changes That Make the Agreement Unreasonable
Circumstances can change dramatically after a prenuptial agreement is signed. Health problems, children, financial shifts, or career changes can all affect how fair the agreement looks in hindsight. A prenup that seemed balanced years ago may no longer be appropriate given the realities of the marriage.
Washington courts are allowed to consider whether the agreement remains fair at the time of enforcement. If major changes have occurred, the court may alter or disregard certain terms to ensure equity. That’s why we often recommend clients review their prenuptial agreement after significant life events.
DIY Agreements and Online Templates
Using a do-it-yourself prenuptial agreement or downloading a generic form online may seem like a budget-friendly option, but it often leads to problems. These templates are rarely tailored to Washington law and may include unenforceable language, unclear terms, or omitted requirements.
A court may reject or ignore a DIY prenup simply because it doesn’t meet legal standards. If you’re serious about protecting your assets and legal interests, it’s critical to work with a qualified family law attorney. At Story Law, we customize every agreement to match your goals and ensure full compliance with Washington law.
The Value of Working with an Experienced Attorney
A prenuptial agreement should not be rushed or treated as a formality. It’s a legal contract that may be tested in court years or even decades later. An experienced attorney can help you:
- Ensure the agreement is legally sound
- Guide you through full financial disclosure
- Create terms that are fair and enforceable
- Minimize risk of future litigation
At Story Law, our Bellevue-based legal team helps couples build thoughtful and protective agreements that hold up over time.
Story Law Is Here To Help You With Your Prenuptial Agreement
Prenuptial agreements can offer valuable peace of mind—but only when they’re done right. By understanding the reasons these agreements fail, you can avoid costly mistakes and create a contract that truly protects your future.
Whether you’re planning to get married or need help enforcing or challenging a prenup, Story Law is here to help. Contact us today to schedule a consultation with an experienced Bellevue family law attorney.
