Covered by MetLife Legal Plans
Prenuptial & Postnuptial Agreements
Integrated Estate Planning with Postnuptial Agreements — protecting your separate property, your family, and your future. No out-of-pocket attorney fees under MetLife Legal Plans.
How It Works
A Different Approach to Marital Agreements
Christopher Mulvaney is happy to assist with a Prenuptial Agreement (if not already married), Postnuptial Agreement, and Integrated Estate Planning under MetLife Legal Plans — with no out-of-pocket expense for attorney's fees.
The traditional approach — in which each party is represented by separate counsel — is not how this works. Christopher does not represent either party individually. He represents both of you as Estate Planning clients, which means he is permanently conflicted out of ever representing either of you against each other. That is the opposite of the traditional approach in which the other party pays a lawyer to review documents because they are not covered.
Christopher integrates Estate Planning into Postnuptial Agreements — something not traditionally done — because there are vital documents such as Deeds, Promissory Notes, Beneficiary Designations, Spousal Consent Forms, and Separate Property Trust Accounts that, if not executed, mean your Agreement will not work as intended.
Only the MetLife Member is covered for a Postnuptial Agreement. The sole focus is fairness between the parties — which is the exact statutory analysis a Divorce Court performs.
The Three Documents You Need
Prenuptial Agreement
The Prenup is oral — and often invalid. See below for the four reasons most Prenuptial Agreements provide no divorce protection for separate property.
Postnuptial Agreement
The Postnup is signed after marriage with accurate date-of-marriage asset values as exhibits. You cannot waive community property rights in real estate or 401(k) accounts until you are a spouse. You can agree to everything before marriage — you just sign after.
Integrated Estate Plan
The Estate Plan requires third parties — County Recorders and Financial Institutions — to carry out your wishes. Deeds, Beneficiary Designations, and Spousal Consent Forms give effect to your Agreement.
Why Prenuptial Agreements Are Often Invalid
The following four reasons explain why most Prenuptial Agreements provide no divorce protection for separate property:
Not signed more than 180 days before the marriage — providing no divorce protection for separate property.
No documentation exists for the asset values on the marriage date — providing no divorce protection for separate property.
No Spousal Consent Form — does not allow naming a separate trust as the primary beneficiary of a 401(k), providing no divorce protection for separate property.
No deeds recorded to protect separate property real estate title and equity — providing no divorce protection for separate property.
You are welcome to sign before marriage if it makes you feel better — but you must do three things after marriage: document date-of-marriage values, address Quitclaim Deeds, and submit Spousal Consent Forms on 401(k) accounts. That is why the draft sent will be a Postnuptial Agreement draft.
What Your Postnuptial Agreement Package Includes
The Process
Complete & Return the Intake Form
Complete and return the Intake Form. Driver's License images are required for notarization of your electronic signature in Zoom via DocuSign — they can be sent separately.
Download Intake FormReceive Your Draft Postnuptial Agreement
Once the completed form is received, a draft Postnuptial Agreement with Integrated Estate Planning will be emailed for your review before the Zoom meeting.
Zoom Meeting — Review, Revise & Sign
All questions are answered in the Zoom meeting. Any necessary changes are made. You are free to electronically sign none, all, or any combination of the documents via DocuSign notarization in Zoom.
Uncontested Divorce Integration
Christopher also explains uncontested divorce by mail in Lincoln County — something few Postnuptial Agreement attorneys address. This makes your Agreement 100% enforced because the Court signs the documents exactly as prepared, with no changes. Creating two separate property trusts gives you the opportunity to use the asset and debt exhibits as exhibits of your separate property trusts. Learn more about Uncontested Divorce.
The Signing Timeline
Two Zoom Meetings — One Before, One After Marriage
The best practice is to sign the estate planning documents before you are married — so you can open Trust checking accounts and name your Separate Property Trust as Primary Beneficiary on retirement accounts. You should also request the Spousal Consent forms from each financial institution and have them ready to sign with your estate plan.
Three things cannot be completed until after marriage:
Deeds cannot be recorded until you are married.
Spousal Consent forms cannot be submitted to account custodians until you are married.
The statements that arrive the month after marriage are needed to create accurate date-of-marriage values for the exhibits — those statements do not exist before marriage.
Those three reasons are why signing the Postnuptial Agreement — which you have already agreed to before marriage — after you are married is important. You do not have to sign an Agreement before you get married; you just need to agree. Let Christopher know two Zoom dates: one before, and one after marriage.
Prenup vs. Postnup
Why the Distinction Matters Less Than You Think
Married people are free to sign a Postnuptial Agreement at any time. Since you agreed to the terms before marriage, you can call the Agreement a Prenuptial Agreement — the name is a matter of timing, not substance.
The difference between a Prenuptial and Postnuptial Agreement is only relevant if one party is attempting to obtain a larger share of Community Property during marriage — which is unfair. A Prenuptial Agreement signed before marriage protects the spouse who has more wealth. A Postnuptial Agreement signed after marriage is the spouse who has less wealth reclaiming some of that advantage. A Postnuptial Agreement signed after marriage combines both perspectives and is much more likely to be fair to both parties.
The presumption of Community Property applies regardless of how property is titled. Married people can create Separate Property Trusts and fund them with the property they intend to be theirs after a divorce — reducing anxiety and giving each spouse a sense of control that common assets do not provide.
Note on 401(k) contributions during marriage: Christopher wishes the Washington Legislature would enact a statute equally dividing 401(k) contributions and employer matches of married employees into one account for each spouse — and making the surviving spouse the automatic Primary Beneficiary without requiring a form. In the meantime, the Postnuptial Agreement and Spousal Consent forms accomplish this goal.
The Exhibits
Documenting Separate Property — Before and After Marriage
Exhibit A — Property Owned Before Marriage
The spreadsheet that forms this exhibit must contain date-of-marriage values, and those values must be documented for the Agreement to be effective. Required documentation includes:
- Bank statements for the month of marriage
- Retirement account statements for the month of marriage
- Brokerage account statements for the month of marriage
- Credit card statements for the month of marriage
- Zillow screen print of estimated home value for the month of marriage
- Mortgage statement for the month of marriage
- Kelley Blue Book screen print of vehicle values
- Copies of recorded Deeds and submitted Spousal Consent Forms
- Beneficiary Designation screen prints
Hopefully you will never be asked to prove your Separate Property. If you are, you will be grateful you kept this documentation — because without it, you do not have Separate Property as a married person.
Exhibit B — Property Acquired After Marriage
This exhibit tracks the contributions of each spouse to their 401(k) accounts during marriage. Every year at tax time, comparing each spouse's contributions and contributing something to the net worth of the spouse who is contributing less accomplishes two things:
Hedges against divorce — gives the Court a less severe adjustment to make because of the unfairness of one spouse accumulating so much more during the marriage.
Promotes harmony during marriage — reduces anxiety in the spouse who is contributing less. By thinking about fairness and acting on unfairness during the marriage, you are better off whether you stay married or get divorced. It is a win-win approach.
Washington Law
Property Rights Affected by This Agreement
A Prenuptial or Postnuptial Agreement may alter property rights that you would otherwise have under Washington law. The more important property rights of spouses that may be affected include:
Separate Property — RCW 26.16.010, 26.16.020
Property owned by either spouse at the time of marriage, or acquired after marriage by gift, devise, or inheritance — together with the rents, issues, and profits therefrom — is Separate Property and is not subject to the contracts and debts of the other spouse. Each spouse may manage, lease, sell, convey, encumber, or devise Separate Property without the other spouse joining, as fully as though unmarried.
Community Property — RCW 26.16.030
All property acquired after marriage by either spouse (except Separate Property) is Community Property if acquired while domiciled in Washington. Each spouse immediately owns an undivided one-half interest. Either spouse may manage Community Property alone, with key exceptions: neither spouse may devise more than one-half of Community Property; neither may give it away without the other's consent; neither may sell, convey, or encumber Community Real Property without the other spouse joining in the deed or instrument; and neither may sell or encumber the assets or goodwill of a business where both spouses participate in management without the other's consent.
Quasi Community Property — RCW 26.16.220–.240
Quasi Community Property arises when a couple resides in a non-community property state during most of the marriage, then moves to Washington, and the first spouse dies owning property that is legally Separate Property under Washington law — but would have been Community Property had the couple lived in Washington when it was acquired. Upon the death of a Washington-domiciled spouse, one-half of the Quasi Community Property belongs to the surviving spouse; the other half is subject to disposition by the deceased spouse. The surviving spouse may recover transfers of Quasi Community Property made by the deceased spouse within three years prior to death if the deceased retained rights or power over the transferred property. RCW 26.16.240.
Washington Law
Spousal Maintenance — The Duty of Financial Support
Washington State has no statutory "lifetime duty of support" for married couples. While both spouses have a mutual legal duty to provide for each other financially during the marriage, that duty changes fundamentally upon divorce. A court may replace it with a court-ordered payment called spousal maintenance — commonly known as alimony — which is usually temporary and designed to help the receiving spouse achieve financial independence, not to create a permanent dependency.
Lifetime maintenance is possible but uncommon. For long-term marriages of 25 years or more where one spouse faces significant financial disadvantage, a Divorce Court has the authority to order indefinite support. More frequently, maintenance is limited in duration and tied to the time needed for the receiving spouse to re-enter the workforce.
Factors the Court Considers
The duration and amount of spousal maintenance are determined by a judge based on the full circumstances of both parties:
- The length of the marriage
- Each spouse's financial resources, assets, and earning ability
- The age, physical health, and emotional condition of both parties
- The standard of living established during the marriage
- The time and training needed for the receiving spouse to find appropriate employment
How Marriage Length Affects Maintenance
The length of the marriage is the single most significant factor in determining both the duration and the amount of spousal support.
Short-Term
Under 5 years
The court will likely award no maintenance, or order it for a very brief period. The goal is to return both parties to their pre-marriage financial standing.
Medium-Term
5 to 25 years
Courts often apply a rule of thumb of approximately one year of maintenance for every three to four years of marriage — though this is not a legal formula and judges have broad discretion.
Long-Term
25+ years
The most likely scenario for indefinite or lifetime maintenance. The court's goal is to place both parties in a roughly equal financial position for the rest of their lives.
Why Spousal Maintenance Matters in a Prenup or Postnup
Note: A prenuptial or postnuptial agreement can modify or waive spousal maintenance rights — but only if the provision is not unconscionable at the time it is sought to be enforced. Courts will not enforce a maintenance waiver that would leave one spouse dependent on public assistance. Christopher reviews maintenance provisions carefully to ensure they reflect the actual circumstances of both parties and will withstand judicial scrutiny.
Ready to Get Started?
Once you have completed and returned the Intake Form (PDF) or the Online Intake Form, I will prepare a draft of an Estate Plan for your review, and schedule a no-cost, no-obligation Zoom consultation with Christopher Mulvaney to discuss your estate planning needs. I will answer all of your questions — in a calm, confidential conversation about what matters most to your family.