How much does a Washington postnuptial agreement cost? Many couples ask this question after they have been married in Washington. Let’s explore this question and review some general information about postnuptial agreements and how they can protect your assets.
How Much Does a Postnuptial Agreement Cost in Washington?
The average cost (i.e., legal fees) for a Washington lawyer to draft a postnuptial agreement is $720.00 [1] on a flat fee basis. The average cost for a Washington lawyer to review a postnuptial agreement is $520.00 [2] on a flat fee basis. These cost points come from recent Washington postnup projects on the ContractsCounsel platform.
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Postnuptial agreements are legally binding contracts executed by couples after getting married. Similar to a prenuptial agreement which is signed before a marriage, a postnuptial agreement can cover various financial issues like how couples will handle asset and debt distribution in the event they divorce.
Many couples choose to hire a family law attorney who is familiar with postnuptial agreements to draft their contract. An experienced lawyer will know what issues should be covered in a marital agreement and how to ensure that the agreement will be upheld in a divorce court if it is ever needed.
Before beginning the process of creating a postnuptial agreement, many couples want to know how much the legal services will cost.
See Postnuptial Agreement Pricing by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Who Needs a Postnuptial Agreement in Washington?
Every married couple can benefit from a marital agreement and should consider executing this important contract. If any of the following situations apply to you, a postnuptial agreement should be strongly considered:
- You often argue about money. If you and your spouse tend to have disputes about money, a postnuptial agreement allows you to agree how finances will be handled throughout the marriage and then divided in the case of a divorce.
- Prior divorce. If either spouse has gone through a divorce, a prior marriage may have left the spouse with additional financial obligations that could affect the current marriage.
- Children from previous relationships. If either spouse has children from a prior relationship, a postnuptial agreement will allow the parents to ensure their child has rights to inheritance and assets in the event a parent dies.
- Large amounts of debt. When a spouse enters a marriage with a large amount of debt, like student loans for example, a postnuptial agreement can protect the other spouse from potentially being held responsible for that debt in a divorce.
- You have previously discussed divorce. It is common for couples to discuss divorce or even separate before a divorce is finalized. If spouses have considered divorce in the past and then reconciled, it may be useful to execute a postnuptial agreement. This allows the couple to calmly discuss their financial futures before deciding to end the marriage.
What's Typically Included in a Washington Postnuptial Agreement
Every marital agreement will be different and personalized to the couple’s assets, debts, and future plans. Most Washington postnuptial agreements will include the following information and terms:
- Financial disclosure. Each party must provide a full financial disclosure of all assets and debts. This allows each spouse to make an informed decision about whether to agree to the terms in the contract. Without a full disclosure, the marital agreement could be ruled unconscionable and therefore unenforceable.
- Property division. How the couple's assets and debts will be divided in a of divorce. This can include the division of real estate, personal property, investments, and retirement accounts.
- Debt allocation. How the couple's debts will be divided in case of a divorce or legal separation.
- Spousal support. The amount and duration of spousal support that one spouse may be entitled to receive.
- Inheritance rights. The inheritance rights of each spouse in case one spouse dies, including how assets will be distributed, and whether the surviving spouse will receive any inheritance.
- Business interests. If one or both spouses own a business, the agreement can specify how the business will be valued and divided in case of divorce.
- Non-financial provisions. A postnuptial agreement can also include non-financial provisions like who is responsible for paying certain bills and how household chores and responsibilities will be shared.
Most states do not allow marital agreements to cover child custody or child support issues, but Washington has some exceptions to this rule. In Washington, you can include an agreement regarding child support and custody in your postnuptial agreement and as long as the agreement remains unchallenged in the divorce, the agreed upon terms will hold up and can be self-enforced.
If there is any challenge to the terms, then the judge will decide child custody and support issues separate from the rest of the agreement.
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Postnuptial Agreement Drafting in Washington
It is strongly encouraged for couples to hire an experienced lawyer to draft a postnuptial agreement. Only a licensed attorney will be familiar with Washington laws and can create a postnuptial agreement that will stand up in court.
Before drafting a marital agreement, lawyers will typically consult with the couple to learn about their financial situations and goals. Once all information is acquired, the lawyer can draft a comprehensive and legally enforceable postnuptial agreement.
Postnuptial Agreement Review in Washington
Some couples attempt to use a postnuptial agreement template to draft their agreement. While there is nothing legally wrong with this approach, many prenup templates will fail to stand up to a judge’s scrutiny in divorce court. For this reason, any couple attempting to draft their own marital agreement should have it reviewed before signing it.
An attorney can go over the contract to ensure that it is free from mistakes and adheres to Washington state laws.
Washington Postnuptial Agreement Drafting Cost
Hiring an attorney to draft a postnuptial agreement will come with legal fees. Drafting contracts requires the time and legal skill of a licensed lawyer.
According to ContractsCounsel's marketplace data, the average postnuptial agreement drafting costs in Washington are $950.00.
Washington Postnuptial Agreement Review Cost
Document review services will also come with legal fees. The lawyer will take their time going of the contract and making edits as necessary.
ContractsCounsel's marketplace data shows the average postnuptial agreement review costs in Washington are $275.00.
How Do Washington Lawyers Charge for a Postnuptial Agreement?
Hourly Rates for Postnuptial Agreements
Hourly rate fee structures are one of the most common ways that family lawyers bill their clients. Under this fee agreement, the lawyer will charge a client a set hourly rate for time spent working on the legal task.
The marketplace data for ContractsCounsel shows the average hourly rate for a postnuptial agreement lawyer in Washington ranges from $200 - $300 per hour.
Flat Fee Rates for Postnuptial Agreements
Flat fee rates are becoming more popular for contract projects like drafting and review services. Instead of charging on an hourly basis, the lawyer will estimate the amount of time a project will take then quote the client a flat fee to be paid upfront.
ContractsCounsel's marketplace data shows the average flat fee rate for a postnuptial agreement in Washington is $612.50.
Get Help with a Washington Postnuptial Agreement
Do you need help with a postnuptial agreement project? If so, post a project in ContractsCounsel's marketplace to receive flat fee bids from family lawyers who are licensed to practice law in Washington and can handle your project. All lawyers on the ContractsCounsel's platform are vetted by our team to make sure you are provided with top-tier service.
