WA · PRENUP · Updated July 2026 · Free
Washington Prenuptial Agreement
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Washington at a glance: Matson Two-Prong Test: Must be fair OR have full disclosure + advice · Independent Counsel: Strongly recommended for both parties · Governing Law: Washington Common Law
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Overview
Prenuptial Agreements in Washington
Washington does not use the UPAA. Prenuptial agreements are governed by common law rules established in In re Marriage of Matson, requiring a strict two-pronged analysis of fairness.
Key Facts
Washington Prenuptial Agreement — Quick Reference
| Requirement | Washington Rule |
|---|---|
| Matson Two-Prong Test | Must be fair OR have full disclosure + advice |
| Independent Counsel | Strongly recommended for both parties |
| Governing Law | Washington Common Law |
Legal Requirements
Washington Legal Requirements
- Must be in writing and signed.
- Waivers of property or alimony must meet the Matson fairness criteria.
Governing Laws
Washington Governing Laws
Read the full text of these laws at Cornell Law School's Washington legal resources or your state legislature's official website.
Questions & Answers
Washington Prenuptial Agreement — Frequently Asked Questions
What is the Matson test in Washington?
It is a judicial test verifying: (1) is the agreement substantively fair to the poorer spouse, and (2) if not fair, was there full financial disclosure and a real opportunity to consult independent counsel.