Free Washington Postnuptial Agreement Template

A Washington postnuptial agreement is a written contract spouses or domestic partners sign during the relationship about their property. In this community property state, the statute on agreements as to status lets both partners agree on what happens to community property when one of them dies.

Agreements About Community Property at Death

Both spouses, or both domestic partners, may jointly agree on the status or disposition of all or part of their community property, owned now or acquired later, to take effect on the death of either (RCW 26.16.120).

Deed-Level Formalities

The agreement must be an instrument in writing under their hands and seals. It must be witnessed, acknowledged, and certified in the same manner the law requires for deeds to real estate (RCW 26.16.120).

Amendments Follow the Same Rules

Later, the partners may alter or amend the agreement, but only in the same manner (RCW 26.16.120). So a quick handwritten change won’t do.

Limits on the Agreement

However, the agreement doesn’t override creditors’ rights. It also doesn’t limit the superior court’s power to set it aside for fraud or on another recognized equitable ground, at either party’s request (RCW 26.16.120).

Yes, in effect, because it needs to be acknowledged like a deed. RCW 26.16.120 requires the agreement to be witnessed, acknowledged, and certified the same way deeds to real estate must be.

In practice, then, that means planning a formal signing rather than just exchanging signatures. And because any amendment must follow the same steps, keep those formalities in mind if you later update your Washington postnuptial agreement.

Take these steps for a Washington postnuptial agreement:

1. Identify community property, including property you expect to acquire later, and note how each item is titled.
2. Decide what happens at death. State how each item passes when one partner dies.
3. Exchange financial information so both partners understand the property involved.
4. Arrange a formal signing with the witnessing and acknowledgment a deed requires.
5. Both partners sign under their hands and seals.
6. Protect the original, and use the same formalities for any later amendment.

A well-drafted agreement covers:

• Community property — current and future, described clearly
• Disposition at death — what passes, and to whom
• Partnership type — married couple or domestic partners
• Creditor acknowledgment — that the agreement doesn’t affect creditors’ rights
• Signature, witness, and acknowledgment blocks — for both partners