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Washington Prenuptial Agreement with Financial Statements

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PREMARITAL AGREEMENT

READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY.

THIS AGREEMENT, made this day of , 20, between

(Name), of (Address), ("first party or Wife"), and (Name), of (Address), ("second party or Husband"),

W I T N E S S E T H

WHEREAS, Husband (check all that apply):

has previously been married;

has a child or children;

has not been married; and

Wife (check all that apply):

has previously been married;

has a child or children;

has not been married.

The parties desire to enter into this agreement prior to their contemplated marriage.

WHEREAS, the parties hereto have accumulated separate estates; and

WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of Washington, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of Washington; and

WHEREAS, the parties desire to enter into an agreement regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings; and

WHEREAS, the parties have furnished each other with a financial statement which each party acknowledges is a full and complete disclosure of substantially all of the real and personal property now owned by him or her and agree that the values are an estimate by him or her of the approximate present value of the property. All property listed is now and shall continue to be separate properties of the respective parties. Originals or copies of said financial statements are attached hereto as Exhibits "A" and "B"; and

WHEREAS, the parties desire to express in writing their agreement that, except as hereinafter specifically provided, their marriage shall not in any way change their rights, or the rights of their heirs (exclusive of the parties) or of their devisees or legatees, in the real and personal property owned or hereafter acquired by each of the parties and that said rights shall be governed by the terms of this agreement; and

NOW, THEREFORE, in consideration of the parties and of their mutual promises and agreements, they agree one with the other as follows:

(1) Each of the parties shall have full control of his or her own separate property, real, personal and mixed, wherever the property is located...

(2) Except as otherwise expressly provided, each of the parties hereby waives, relinquishes, conveys, quitclaims, bars, discharges, surrenders and releases, and hereby agrees to waive, relinquish, convey, quitclaim, bar, discharge, surrender and release, to the other all of the following:

(a) Any and all of his or her right, title and interest...

(b) Any and all rights to any property of the other party titled in that other parties sole name...

(c) Any and all property acquired by the other party by inheritance or other means; and

(d) Any and all rights, if any, to all or a portion of the property of the other party whether by way of dower...

(e) His or her right, if any, granted to or vested in him or her, by statute or otherwise, to renounce...

(f) His or her right, if any, granted to or vested in him or her by statute or otherwise to act as executor or administrator of the other party's estate.

(3) check One

The parties have each executed a Last Will and Testament, copies of which are attached hereto as Exhibits and . The parties agree that these Wills are in conformity with the provisions of this agreement...

Initials if Selected:

OR

The parties shall not change their existing Will, if any, or make a new Will at this time...

Initials if Selected:

(4) The fact that either party... shall not be construed as a waiver...

(5) Each party agrees... will make, do, execute, acknowledge and deliver...

(6) In selling, assigning, granting, releasing, conveying or otherwise dealing with the property of either party...

(7) During the course of the marriage, all property acquired by each party in their own name shall be deemed to be part of their separate estate...

(8) The parties agree that each party shall provide for the payment of their individual health care, convalescence and funeral expenses out of their separate estate...

(9) Despite any other provisions of this instrument, this agreement shall not affect in any way the parties' rights...

(10) To the extent permitted by law, this agreement shall govern the rights and obligations of the parties in the event of death of either or both parties, separation or divorce...

(11) Not applicable or The parties further agree that in the event of divorce, the following additional provisions shall apply...

(a) The Wife shall be entitled to receive property of Husband described as follows:

(b) The Husband shall be entitled to receive property of Wife described as follows:

(c) The following property shall be sold and the proceeds, less expenses divided equally between the parties:

(d) The Husband shall pay a lump sum settlement to Wife described as follows:

(e) The Wife shall pay a lump sum settlement to Husband described as follows:

(f) The marital domicile shall be

(g) Both parties waive the right to alimony and property settlement, except as otherwise provided herein.

(12) This agreement shall be controlled, construed and given effect by and under the laws of the State of Washington...

(13) This Agreement constitutes the entire agreement between the parties...

(14) No waiver of any provision of this Agreement shall be deemed...

(15) This Agreement may be executed in any number of copies...

(16) This Agreement shall be binding upon the parties hereto and upon their respective executors...

(17) This agreement may only be amended or revoked by written amendment signed by both parties.

(18) Each party further agrees and affirms as follows:

(a) That the party did execute the agreement voluntarily; and

(b) That this agreement is not unconscionable when it was executed; and

(c) Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property and financial obligations of the other party;

(d) That he and she did have, or reasonably could have had, an adequate knowledge of the property and financial obligations of the other party.

The parties hereby execute this agreement in several counterparts, any executed copy of which shall be considered for all purposes as an original, on the day and year above written.

________________________________

FIRST PARTY (“WIFE”)

_________________________________

SECOND PARTY (“HUSBAND”)

Approved:

Attorney for First Party:

Attorney for Second Party:

Note: This agreement must be executed before a notary public.

STATE OF WASHINGTON

COUNTY OF

On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and seal of office this day of , 20.

__________________________________

Notary Public residing at

Printed Name:

My Commission Expires:

STATE OF WASHINGTON

COUNTY OF

On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and seal of office this day of , 20.

__________________________________

Notary Public residing at

Printed Name:

My Commission Expires:

PERSONAL FINANCIAL DISCLOSURE STATEMENT

This financial statement disclosure is for use in connection with a premarital agreement and should be completed accurately and completely. This statement should contain a full disclosure of all your assets and liabilities. You should initial each page and sign the last page. Your prospective spouse should also sign the last page acknowledging receipt.

Both persons must complete a separate financial statement and provide it to the other party. Two forms are enclosed, one for each party.

This form can be completed in Word or printed and completed by hand.

If you require additional space, please attach additional pages for the sections you need to expand.

To: Date:

Individual Information

Name:

Address:

City: State: Zip

Occupation:

Phone:

Current Assets / Current Liabilities

Cash on Hand or in Banks Notes Payable (Secured) (Schedule F)

Other Cash: Notes Payable (Unsecured) (Schedule G)

Real Estate (other than residence Schedule A) Real Estate Mortgages Payable (Schedule H)

Residence Auto Loans (Schedule I)

Motor Vehicles (Schedule B) Unpaid Taxes and Interest

US Government Securities (Schedule C) Due to Brokers

Non-Marketable Securities (Schedule D) Open Accounts

Stocks (Schedule E) Credit Cards (List):

Other Personal Property Visa

Life Insurance Cash Value

Business IRA

Notes Receivable

Other Assets:

Personal IRA

Antiques

Partnership Assets Residential Mortgage

Other Assets: Total Liabilities

TOTAL OF ALL ASSETS

LESS TOTAL OF ALL LIABILITIES

NET WORTH

Total Assets

Individual Income Information (Annual)

Salary

Bonus

Commissions

Dividends

Rental Income

Other Income (List):

Total Income

Contingent Liabilities

Guarantor, Co-maker

Lease or Contracts

Legal Claims

Other:

SCHEDULE “A” REAL ESTATE

Description of Real Estate
Cost
Market Value
Date Acquired

SCHEDULE “B” MOTOR VEHICLES

Description of Motor Vehicles
Cost
Value

SCHEDULE “C” U.S. GOVERNMENT SECURITIES

Description of Stock or Bond
Date Acquired
Par Value
Market Value

SCHEDULE “D” NON MARKETABLE SECURITIES

Description
Date Acquired
Par Value
Market Value

SCHEDULE “E” STOCKS

Company
Shares
Date Acquired
Par Value
Market Value

SCHEDULE “F” NOTES PAYABLE SECURED

Description
Date
Balance
Payment (m/yr)

SCHEDULE “G” NOTES PAYABLE UNSECURED

Description
Date
Balance
Payment (m/yr)

SCHEDULE “H” REAL ESTATE MORTGAGES

Description
Date
Balance
Payment (m/yr)

SCHEDULE “I” AUTO LOANS

Description
Date
Balance
Payment (m/yr)

CERTIFICATION TO FINANCIAL STATEMENT

I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to on

_________________________________

Signature

Date:

I acknowledge receipt of this financial statement and disclosure.

________________________________________

Signature

Date:

Financial Statement page - 4 -
Initials:
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What the Washington Prenuptial Agreement with Financial Statements Is

A Washington Prenuptial Agreement with Financial Statements is a written contract between prospective spouses that sets out property rights, debt allocation, and potential spousal support, accompanied by detailed financial disclosures from each party. In Washington, the agreement is governed by state contract principles and must meet enforceability standards such as full disclosure, voluntariness, and absence of unconscionability. Financial statements attach current asset, liability, income, and expense information so each party can evaluate the fairness of terms. Proper execution, signatures, and clear identification of governing law improve the agreement's legal standing.

Why this Agreement Matters for Clear Financial Expectations

A prenuptial agreement with financial statements clarifies ownership of separate and marital property, reduces uncertainty in the event of divorce, and documents informed consent by each party. The accompanying financial statements demonstrate disclosure and support enforceability by showing the parties had access to relevant financial facts before signing.

Why this Agreement Matters for Clear Financial Expectations

Who Typically Prepares or Signs This Document

Prospective spouses, family law attorneys, and financial advisors commonly complete or review the agreement and attached statements.

  • Prospective spouses with significant separate assets or business interests, seeking clarity on asset division and spousal support.
  • Family law attorneys preparing enforceable agreements and advising on disclosure, timing, and statutory requirements.
  • Financial planners and accountants preparing or verifying financial statements to ensure accuracy for informed consent.

Core Components of a Professional Prenuptial Agreement with Financial Statements

A robust document pairs clear contractual terms with verified financial data so each party understands obligations and rights before marriage.

Recitals

Short background statements identifying parties, intent to marry, and acknowledgment that the attached financial statements accompany the agreement as part of informed consent.

Definitions

Plain-language definitions of separate property, marital property, community property (if relevant), income, debts, and other key terms used throughout the agreement.

Property Division

Specific allocations for premarital assets, retirement accounts, real property, and business interests, with procedures for valuation and treatment upon dissolution.

Spousal Support

Provisions addressing waiver, limitation, or specific calculations for spousal maintenance, including triggering events and modification language if permitted.

Financial Statements

Signed attachments listing assets, account values, liabilities, income, and monthly expenses; include supporting schedules and source documents for key balances.

Execution & Acknowledgements

Signature blocks for each party, notarization or witness language where applicable, and acknowledgements regarding independent counsel and voluntary signing.

Step-by-Step: How to Complete the Agreement and Attach Financial Statements

Follow a structured process: gather documents, draft terms, disclose finances, review with counsel, and execute under conditions that avoid coercion.

  • 01
    Gather Documents: Collect bank statements, retirement statements, deeds, loan statements, and tax returns for supporting schedules.
  • 02
    Draft Terms: Outline property division, support, and any special provisions tailored to both parties' needs.
  • 03
    Disclose Finances: Attach signed financial statements reflecting current assets, liabilities, income, and monthly expenses.
  • 04
    Review & Execute: Have independent counsel review, then sign in a voluntary setting with notarization or witnesses if advisable.

How to Customize and Complete the Agreement Online

Configure document fields and routing so each party receives a clear sequence for disclosure review, signature, and receipt of final copies.

Field Configuration
Signature Block Require signer name, signature, and date fields for each party
Financial Attachments Allow upload fields for bank statements, tax returns, and appraisals
Reviewer Role Add an optional reviewer (attorney) with view-only access
Authentication Enable email verification or SMS code for signer identity

Digital Signing and eSubmission Considerations

Ensure the chosen eSignature platform supports legal validity, audit trails, and, if necessary, enhanced signer authentication.

  • Audit Trail: Timestamps, IP, and action log required
  • Authentication: Email or SMS code; KBA available for higher assurance
  • Document Formats: PDF or DOCX accepted; maintain final PDF copy

Where to Send, File, or Store the Executed Agreement

A signed prenup with financial statements is typically kept by the parties and their attorneys; filing is not usually required, but storage and accessibility are important.

  • Primary Custodian: Each party retains an original signed copy for their records
  • Attorney Copies: Counsel for each party should hold a signed copy and supporting attachments
  • Court Filing: Not generally filed; only file if required by a court order or local rule
  • Secure Storage: Store scanned executed PDF in encrypted cloud storage

Timing Recommendations and Critical Deadlines

Timing affects enforceability. Allow sufficient review time and execute in a non-coercive setting well before the wedding to reduce challenge risk.

Review Window:

Allow at least 14–30 days for independent attorney review before signing

Avoid Last-Minute Signing:

Signing on the wedding day increases risk of coercion claims

Update Financials:

Refresh financial statements within 30 days of execution for accuracy

Recordkeeping:

Keep originals indefinitely; scanned copies should be archived securely

State-Specific Timing:

Follow any state guidance on execution formalities and disclosures

Key Milestones from Negotiation to Execution

Follow a clear sequence to document negotiation, disclosure, counsel review, and signing to strengthen enforceability.

01

Negotiation

Agree on core terms and lists of assets and debts early in planning

02

Full Disclosure

Exchange complete financial statements and supporting documents

03

Independent Review

Each party consults an independent attorney for advice and revisions

04

Execution

Sign with proper authentication, notarization, and retain final copies

Common Preparation Mistakes to Avoid

  • Incomplete disclosure of assets or liabilities creates a common basis for later challenges and can render provisions unenforceable.
  • Rushed signing near the wedding day can be treated as coercive, particularly if one party lacked counsel or time to review.
  • Vague or ambiguous property descriptions and undefined valuation methods lead to disputes during enforcement or divorce proceedings.
  • Failing to attach supporting documentation, such as account statements or appraisal reports, weakens the factual basis for agreed values.

Consequences and Legal Risks of an Incorrect or Incomplete Agreement

Unenforceable Agreement: Court may void provisions or entire agreement if disclosure was insufficient
Post-Judgment Reallocation: Absent enforceable terms, state law may govern property division
Fee Exposure: Litigation costs increase if parties dispute validity or interpretation
Allegations of Coercion: Close timing or lack of counsel can be cited as duress
Tax Consequences: Poor drafting can trigger unintended tax liabilities for transfers
Privacy Risks: Public disclosure via court filings can expose sensitive financial details

Required Data Elements Typically Included on Financial Statements

Names: Full legal names
Assets: Account types and values
Liabilities: Lenders and balances
Income: Annual gross income
Expenses: Typical monthly outflows
Supporting Docs: Statements and appraisals

Real-World Examples of How Agreements and Statements Are Used

Practical examples show how clear disclosure and proper execution reduce disputes and speed resolution.

Family Law Practice

A firm prepared a prenup with detailed asset schedules for both clients

  • The parties each provided signed bank and retirement statements
  • At dispute, the court noted the comprehensive disclosure and upheld the agreement, avoiding protracted litigation.

Property Transaction

A homeowner attached a prenuptial schedule listing separate real property interests

  • The agreement specified valuation and recording procedures
  • When property was later sold, the schedule clarified proceeds allocation and prevented title disputes.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce risk, ensure clarity, and streamline review.

Start Early and Document
Begin negotiations well before the wedding to allow time for independent counsel, discovery of financial records, and revisions; rushed timelines increase vulnerability to claims of coercion.
Full and Clear Disclosure
Attach contemporaneous statements and source documents—bank statements, tax returns, and appraisals—and label exhibits clearly to provide a verifiable record of each party's financial position.
Independent Legal Advice
Encourage each party to retain separate counsel and confirm in-writing that independent advice was available; a lack of such counsel is a frequent basis for invalidation claims.
Secure Execution and Storage
Use tamper-evident PDFs, notarization where advisable, and encrypted storage with access controls to preserve authenticity and protect sensitive financial details.

eSignature Platform Pricing and Feature Comparison

Below is a neutral comparison of common eSignature providers useful when selecting a platform to execute and store prenups and attached financial statements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Washington Prenuptial Agreements

Answers to common questions about enforceability, digital signatures, required disclosures, and how to handle revisions.


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