Prenuptial Agreements (Premarital Agreements) in Washington, D.C., are governed by D.C. Code Title 46, Chapter 5. Prenuptial Agreements in Washington, D.C., must be in writing and signed by both parties, and do not require any consideration other than the parties' marriage. Prenuptial Agreements can cover as much or as little as the people getting married want to include. Prenuptial Agreements in Washington, D.C. can cover an array of topics as long as parties do not contract for anything illegal or against public policy, except that Prenuptial Agreements cannot adversely affect the right of a child to support and generally cannot decide custody of a future child. The alimony provisions of a Prenuptial Agreement cannot result in one spouse being eligible for public assistance at the time of separation, and a court can modify that terms to the extent necessary to preclude that from happening. Prenuptial Agreements should be discussed and signed well in advance of legal marriage, but the agreement does not go into effect until the marriage itself. Prenuptial Agreements can be modified or revoked after marriage if both parties consent.
To be enforceable in Washington, D.C. Prenuptial Agreements must be executed voluntarily and cannot be the result of fraud. If those conditions are met, it is extremely difficult to challenge a Prenuptial Agreement in Washington ,D.C., which would require a showing that the agreement was unconscionable when it was executed and that there was not a fair and reasonable disclosure of property and financial obligations. District Family Law strongly recommends all Prenuptial Agreements include full financial disclosure, fundamentally fair terms, and independent legal representation of both parties. District Family Law also recommends Prenuptial Agreements be discussed, negotiated, and signed well in advance of the date of marriage.
It is important for both parties to have independent legal counsel to discuss different options and outcomes and ensure that the Prenuptial Agreement is tailored to the circumstances and goals of each of the parties. It is also important to begin thinking about the Prenuptial Agreement well in advance of the wedding. Not only does this avoid last-minute stress, it also gives both parties space and time to really consider their options and be confident in what they are signing.
Finally, Prenuptial Agreements are for everyone! The cost of consulting a lawyer about a Prenuptial Agreement is money well spent. These conversations up front save much larger amounts of money, time, and hurt down the road!
To be enforceable in Washington, D.C. Prenuptial Agreements must be executed voluntarily and cannot be the result of fraud. If those conditions are met, it is extremely difficult to challenge a Prenuptial Agreement in Washington ,D.C., which would require a showing that the agreement was unconscionable when it was executed and that there was not a fair and reasonable disclosure of property and financial obligations. District Family Law strongly recommends all Prenuptial Agreements include full financial disclosure, fundamentally fair terms, and independent legal representation of both parties. District Family Law also recommends Prenuptial Agreements be discussed, negotiated, and signed well in advance of the date of marriage.
It is important for both parties to have independent legal counsel to discuss different options and outcomes and ensure that the Prenuptial Agreement is tailored to the circumstances and goals of each of the parties. It is also important to begin thinking about the Prenuptial Agreement well in advance of the wedding. Not only does this avoid last-minute stress, it also gives both parties space and time to really consider their options and be confident in what they are signing.
Finally, Prenuptial Agreements are for everyone! The cost of consulting a lawyer about a Prenuptial Agreement is money well spent. These conversations up front save much larger amounts of money, time, and hurt down the road!
