Washington is a community property state. All assets and debts acquired during marriage are owned equally by both spouses, and this rule applies equally to registered domestic partnerships. One important caveat: if separate property is commingled with community funds — even inadvertently — it can lose its separate character. A prenup documents your pre-marital assets and establishes clear rules to prevent commingling from erasing separate property protections.
Your Clause prenup explicitly defines which property is separate and which is marital, overriding Washington's default 50/50 community property split with terms you both agree on.
Attorney-drafted prenups typically cost $5,000 to $20,000 combined. Here's how Clause compares:
Yes. Washington courts enforce prenups that are properly executed under RCW § 26.16; case law. Courts examine whether the agreement was voluntary, whether both parties had access to the other’s financial information, and whether any terms were unconscionable at the time of signing.
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