Entering A Valid Prenuptial Agreement

[butterflies22]

My fiancee and I both agree that we would like a pre-nuptial agreement. However, we don't have so many assets that it would be worth getting a lawyer - mainly just property and trusts that we stand to inherit someday, that we would like to retain as each our own in the case of divorce.

Would a document written by us, outlining what we intend to keep in our own names in the event of a divorce, signed by both of us and witnessed and notorized, hold up in court?

We live in Washington state, if that matters.

Thank you

[4eyedbuzzard]

You can probably do a better DIY job with a state specific standard legal form or software form program with property and financial statements. Probably $20 to $30 or so and the agreement's language and form will be less likely to have errors or leave room for dispute at a later date.

[gigirle]

FYI, the state does matter, in some states during a divorce, the spouse who inherits property gets it seperatly from marital assets. Washington doesn't look like its one of them.

This is a definate DIY project that you both can do.
Best Wishes on your future nuptuals!

[Mr. Knowitall]

If you're going to do a prenuptial agreement, consider doing it right - a full accounting of your respective assets, a lawyer-drafted prenup, and independent counsel for each of you. If you don't have enough assets to do it right, you probably don't need one. Your inheritances are separate property anyway, unless you merge them into your estate, and separate property is not ordinarily divided in divorce - it normally goes to its owner. As the state bar explains,

Perhaps each of you owned property before your marriage, such as stocks, bonds or other property either purchased with separate funds, inherited or given to you. This is not community property. Also, any inheritance received after marriage is not community property. Such "separate" property remains yours, and yours alone, as long as it is kept separate from the community property. Husbands and wives may, with appropriate documents, change separate property into community property. However, in a divorce the court has broad powers to award both community and separate property to either spouse.

[butterflies22]

Thanks very much for the input!