What Happens If You Sign a Prenup and Get Divorced

Talking about prenuptial agreements feels a bit uncomfortable, yet it matters when real life steps in. A prenup sets rules for money and property before the wedding day, so you are not sorting things out when emotions run high.

Since 2014, Jackman Law Firm has helped Seattle couples write and review these contracts and later apply them in court when marriages end. This blog post explains what you can expect in a Washington divorce if you have already signed a prenup.

What Happens During a Divorce with a Prenup

When spouses file for divorce with a signed agreement in hand, one of two paths usually unfolds. Either both sides accept the written terms, or one person tries to block part or all of the contract.

Scenario 1: Agreement on Prenup Terms

If you both stick to the contract, the judge follows the document almost word for word. Assets, debts, and any planned spousal support are split the way the contract spells out when the final decree is entered.

Scenario 2: Challenging the Prenup

Things get harder when one spouse fights the contract. The person contesting the paper must prove a legal flaw, such as fraud, duress, or an unfair bargain. Couples often try to settle the fight through lawyers or mediation first because a full court battle costs more, lasts longer, and adds stress. If talks fail, a judge decides whether the agreement should stand, be trimmed, or be tossed aside.

Grounds for Challenging a Prenuptial Agreement’s Validity

Washington treats a prenup like any contract. This means it must clear certain fairness checks before a judge will enforce it. Courts look at two kinds of fairness: substantive (the deal itself) and procedural (how the deal was reached).

Lack of Procedural Fairness

Pressure tactics can ruin a contract. Signing the night before the wedding or withholding time to seek legal counsel may point to coercion. Judges review the timeline, emails, and testimony to decide if one spouse felt cornered.

Inadequate Financial Disclosure

Both parties must give a full picture of income, debts, and property. Hiding a retirement account or misstating business income can void the paper outright. Washington law is clear that transparency is not optional.

Unconscionable Terms

Even if the signing process was clean, a contract can still fail if the end result is shockingly one-sided. An agreement that leaves one spouse nearly penniless while the other keeps all wealth may be struck down as unconscionable, especially after a long marriage or major health change.

Improper Execution or Legal Formalities

Technical mistakes also matter. Missing signatures, lack of notarization when required, or handwritten changes without initials can give a judge grounds to refuse enforcement.

How Assets Are Divided in a Divorce with a Prenup

When the contract survives every challenge, its language controls the split. Most agreements say that property owned before the wedding stays separate and that certain gifts or inheritances are off-limits during a divorce.

Here is a quick look at how different assets might be handled when a valid prenup exists:

Keep in mind that child custody and support cannot be decided in a prenup. Washington courts always reserve the power to rule on the parenting and financial needs of children at the time of divorce.

Challenging a Prenuptial Agreement Decision on Appeal

A spouse unhappy with the trial judge’s ruling may file an appeal. The appellate court reviews whether the lower court applied the right legal standards. In Washington, if the agreement passes the procedural test, the higher court can skip a deep dive into substantive fairness. Because the record focuses on facts as well as contract law, appealing without a family law attorney who knows family law and appellate rules is risky.

Prenup or Divorce Concerns in Seattle? Contact Jackman Law Firm

We have helped Seattle clients handle prenups and divorce with clarity and care. Whether you’re drafting, challenging, or enforcing a prenup, we provide thorough reviews, practical advice, and strong courtroom representation when needed. If you’re ready to discuss your case, call us at 206-558-5555 or visit our Contact Us page to schedule a consultation. Acting early can protect your rights and ease the stress of this process—we’re here to guide you forward.