WA · PRENUP · Updated July 2026 · Free

Washington Prenuptial Agreement PDF

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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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

RequirementWashington Rule
Matson Two-Prong TestMust be fair OR have full disclosure + advice
Independent CounselStrongly recommended for both parties
Governing LawWashington 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

RCW § 26.09.070
Separation contracts
General marital contract rules.

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.