Dellino Family Law Group
Schedule Your Consultation (206) 659-6839 Skip to main content
  • About
    • Our Team
    • Testimonials
    • Career Opportunities
    • Core Values
    • Brand Story
    • Your Consultation
    • Prepare for Action
    • Family Law Fees & Billing
  • Practice Areas
    • Family Law
    • Divorce
    • Parenting Plans
    • Child Custody
    • High Conflict/Narcissist Family Law
    • Spousal Maintenance/Alimony
    • Divorce for IT/Tech
    • Domestic Violence
    • Protection Orders
    • View All Practice Areas
  • Areas We Serve
    • Seattle
    • Bellevue
    • Bainbridge Island
    • Bothell
    • Everett
    • Kirkland
    • Lynnwood
    • Redmond
    • View All Areas We Serve
  • FAQs
  • News & Resources
    • Case Status
    • Divorce Meetup Group
    • Webinars
    • Videos
    • Podcasts
    • In The News
    • Blog
    • Scholarship
  • Contact Us
Family Law When You Need It, From a Team Who Cares. (206) 659-6839
(206) 659-6839 Schedule Your Consultation

Do I Need a Prenuptial Agreement?

  1. Home
  2. »
  3. FAQs
  4. »
  5. Do I Need a Prenuptial Agreement?

If you are married, are thinking about getting married, or have been married and are divorced, a prenuptial agreement (“prenup”) may be something that has crossed your mind.

Some people believe they don’t need a prenuptial agreement because “I don’t have anything.” Often people tell me that prenups are something that “rich people“ to get, or that it somehow means you are planning on your marriage failing.

As someone who handles complex divorce cases and a myriad of other family law issues, I can tell you firsthand that a prenuptial agreement, post nuptial agreement, or cohabitation agreement for an unmarried couple, are amongst the best gift spouses or partners can ever give to each other.

No one wants to talk about it, but the reality is that many studies and statistics show that more than half of marriages end in divorce. If you were on a second marriage, your likelihood of ending up in a divorce goes up to over 60%, and if you are on the third or fourth marriage, even higher. We can talk about the reasons for why this might be, but that is another discussion for another day. What is certain is that people spend an exceptional amount of money on the divorce process. Both parties typically should have attorneys to help them navigate what is the undoing of the most intricate financial contract of their lives, advocate for residential time with any children involved, and otherwise advise on the process. If you break your leg, you need a good doctor. If you are getting divorced, you need a good attorney.

Litigation, if you end up needing to go that route, is expensive, even mediation can be costly. Having a valid prenuptial, post nuptial, or cohabitation agreement in place is a promise of love and commitment but spouses can make to each other that they will not spend big money that would otherwise be theirs to divide should the relationship end.

These agreements are a way for a couple to control the manner in which they would like to divide any assets, determine spousal maintenance if applicable, and unwind any personal property issues. Without an agreement, the laws of the state of Washington will largely dictate the course and framework for a divorce case and eventual settlement or litigation. A valid prenuptial agreement or similar agreement gives you the opportunity to control the way you would like to unwind things if it is ever necessary.

We do not drive around with car insurance because we expect to get in an accident. We don’t have homeowners’ policies because we plan for the house to burn down. The same goes for a marriage. We don’t enter a marriage expecting that it will fail and expecting to eventually be looking for the help of a divorce attorney. Nonetheless, it happens and a valid agreement can negate the need for large monetary losses and give you control over the framework of a divorce process or relationship ending.

This Is the Next Step In Your Life.

(206) 659-6839 Call Us Now

It is my belief that if you are marrying someone, you should be mature and responsible enough to sit down with them and talk about things like finances, planning, and how you would like to handle them during a marriage. There is no reason that a prenuptial or post nuptial agreement cannot and should not be part of that conversation. It can be a difficult conversation to have because there can be stigma attached to getting a prenuptial agreement. Fortunately, much of that stigma has begun to fade away with more education surrounding the issue but knowing when and how to bring this up with your partner can still be tough. If you are thinking about having an agreement drafted, a conversation with your attorney can go a long way to helping suggest the way to have this talk and approach the situation. When I meet with clients I always talk with them about how to address it with the other party, ask whether it’s something that has already been discussed, and help strategize the best way to have what can be a difficult conversation and turn it into a very positive one.

Often one party will assume that because the other party wants to enter into a prenuptial agreement that they are in some way trying to disadvantage the other future spouse. The reality is a valid prenuptial agreement will be fair on its face and will clearly spell out the terms and will be negotiated by both parties, each with their own independent legal advice and representation.

What about the people that say they don’t need a prenup because they don’t “have anything?” Prenups are far more about what you will have then what you do you already have when you enter into a marriage. You might get married in your 20s or 30s and have little to no retirement, but fast forward 10 or 15 years, and you have a hefty 401(k) account that would otherwise be subject to a division in a divorce. You might not own a home but buy one during the marriage. You might be working an hourly job right out of college when you get married, but later will have a different kind of career and income. Life changes and people grow. A solid prenuptial agreement will help when you anticipate those changes and set you up for things that are likely to happen in the future. You might decide in your marriage that one partner will stay home and raise children. This is something that also should be discussed and contemplated before entering into a prenuptial agreement.

Why would you get a post nuptial agreement?

The answer to that is easy: because you didn’t get a prenup. A valid prenuptial agreement should be executed in its entire ready at least 30 days before entering into a marriage, in many cases it is done earlier. If you waited too long or if you’ve been married for a while and would like to determine the right and liabilities of each partner in a marriage should the marriage and, you can easily do a post nuptial agreement instead of a prenuptial one and get the same protection and certainty. A post nuptial agreement functions very much like a prenup, except that it is done after a couple is married rather than in contemplation of marriage.

What about couples that are not married at all but who are in cohabitation? Couples in this situation in the state of Washington would be very wise to enter into a cohabitation agreement. Washington recognizes what are known as “Committed Intimate Relationships.” This means that living together in Washington can have financial and property implications for unmarried couples that can result in the division of property when a relationship ends.

For more information on whether one of these agreements is right for you, feel free to reach out to our office to discuss. Helping parties with prenuptial, post nuptial, and cohabitation agreement are one of my favorite things to do in my own family law practice. The reason why is simple: It is a way that we can help couples avoid financial crisis and conflict later, by providing them a roadmap and agreement that hopefully they never need, but that can offer significant peace of mind.

The last word of caution: Don’t believe everything you read online! Ironic, since you are reading this, I know. However, many people will do their own online “Google research” and have their own ideas about what makes a prenup valid, whether they need one, or what can happen in the divorce or separation process. Many online publications are inaccurate, may refer to materials from other states, and might not pertain to your situation. If you are in a situation where you are worried your relationship may end, you are in a relationship that is leading to marriage, or you have just moved in with a partner, it is a great time to reach out and get a consultation on the specific facts of your situation determine what’s right for you.

This Is the Next Step In Your Life.

You're ready to move forward. Meet with our experienced attorneys to understand your rights and options. We provide top-tier divorce and family law representation in the Seattle area. Complete our contact form and let us guide you. Dellino Family Law Group is here to help!

    By providing your phone number, you consent to receive automated informational/conversational SMS communications from Lawmatics on behalf of Dellino Family Law Group. Consent is not a condition of service. Message & data rates may apply and frequency will vary. Reply STOP to unsubscribe. Text HELP for help.

    Privacy Policy • Terms of Use

    FAQ Categories
    • Child Custody
    • Child Support
    • Divorce
    • Domestic Violence
    • Family Law
    • Firm News
    • Parenting Plans
    • Protection Orders
    FAQs
    Why Would You Get a Legal Separation Instead of Divorce?
    Why Would You Get a Legal Separation Instead of Divorce?
    What Is a Military Spouse Entitled to in a Separation?
    What Is a Military Spouse Entitled to in a Separation?
    What Is a Prenuptial Agreement?
    What Is a Prenuptial Agreement?
    Find Yourself a Passionate Lawyer Now!
    • Bainbridge Island Family Lawyer
    • Port Orchard Family Lawyer
    • Lynnwood Family Lawyer
    • Redmond Family Lawyer
    • Kirkland Family Lawyer
    • Everett Family Lawyer
    • Bothell Family Lawyer
    • Bremerton Family Lawyer
    • Sammamish Family Lawyer
    • Issaquah Family Lawyer
    FAQ
    Frequently Asked Questions
    • We provide service for all family law situations, plus help you with the personal challenges that often are part of rebuilding your life after divorce or any legal situation. We handle many cases where both family law and criminal charges are in play. We handle protection orders, whether it is getting one when you need it or defending against one when you are being falsely accused. If you are in a high conflict situation, we have been there before and we will get you through it.

    • Finding the right firm to help you with one of the most stressful situations in your life is more than a big decision – it is a huge one. We know this and take the trust you place in us very seriously. We are attorneys who will take action for you and guide you through this. Our firm was founded on the belief that there are solutions for every problem and the understanding that people are resilient and can overcome and even thrive after legal challenges. We help our clients write their comeback stories. You are more than a file name or number to us – you and your family matter. Your story matters. We believe that trust and communication are the foundation of successful outcomes in stressful times. We look forward to meeting you and learning where you have been and where we can help you go.

    • Yes. You can meet with your attorney online, in person, or by phone. We will communicate with you in a way that works for you when you need it. We believe communication is critical to any successful relationship, including the one we have with our clients. We are discreet and know it is important your communications with us should be private and confidential. We always exercise discretion in communication.

    • Yes. There are protection orders, anti-harassment orders, restraining orders, and no contact orders. The differences between these orders can be confusing. The getting the correct order when you need it can change everything. Coming to see us will help you understand the differences and what is best for you. If you were served with a protection order, we can help you understand what you are facing and defend you. Understanding the impact these orders can have on your life, your parenting time, workplace, and elsewhere is critical.

    • Many firms offer a consultation. Generally, a consultation will provide you with basic information about the law in a particular area and some comments on your situation. Our consultation goes beyond that basic information – this is a strategy session. We will discuss your cases, your feelings, your objectives, what may be possible or not possible, and possible strategies for your case. You will leave with a roadmap for your case should you decide to move forward. If you come ready to tell us your story and get information, we can help. Please read more about what to expect at your first meeting with us and possible issues to consider in advance here.

    • Paying for legal representation can be stressful and overwhelming in an already difficult time. You know you need help but might be scared how about how much it will cost you. We understand this and will work with you to understand what fees and costs you will have, how to plan for them, and how to help control costs in your case. Part of your initial meeting with us will include discussing finances. We want to know about you and what we can do to help. We will work with you if at all possible to make legal representation a reality for you. You can find more about our rates in advance of your consultation here.

    Your browser does not support HTML5 video.
    This Is the Next Step In Your Life.

    You’re ready to move forward. Meet with our experienced attorneys to understand your rights and options. We provide top-tier divorce and family law representation in the Seattle area. Complete our contact form and let us guide you. Dellino Family Law Group is here to help!

      By providing your phone number, you consent to receive automated informational/conversational SMS communications from Lawmatics on behalf of Dellino Family Law Group. Consent is not a condition of service. Message & data rates may apply and frequency will vary. Reply STOP to unsubscribe. Text HELP for help.

      Privacy Policy • Terms of Use

      Locations
      Our Office Locations
      Dellino Family Law Group DOWNTOWN SEATTLE
      1011 Western Avenue
      Suite 910
      Seattle, WA 98104
      (206) 659-6839
      Dellino Family Law Group Bellevue Office
      Skyline Tower
      10900 NE 4th St, Suite 2300
      Bellevue, WA 98004
      (206) 659-6839
      Dellino Family Law Group UNIVERSITY VILLAGE / NORTH SEATTLE
      5000 30th Ave NE, Ste 105
      Seattle, WA 98105
      (206) 659-6839
      Dellino Family Law Group BAINBRIDGE ISLAND
      755 Winslow Way E, Suite 306
      Bainbridge Island, WA 98110
      (206) 659-6839
      Quick Links
      • About Us
      • Our Team
      • Core Values
      • FAQs
      • Testimonials
      • Contact Us
      Practice Areas
      • Family Law
      • Domestic Violence
      • Protection Orders
      • Stalking & Harassment
      • Divorce
      • Spousal Maintenance
      • Property Division
      • Legal Separation
      • Estate Planning
      • Non Traditional Family
      Resources
      • Videos
      • Divorce Meetup Group
      • Podcasts
      • Webinars
      Dellino Family Law Group
      (206) 659-6839

      All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

      • Privacy Policy
      • Terms of Use
      • Sitemap

      © Copyright 2026 Dellino Family Law Group.
      All Rights Reserved.

      Hennessey Digital