Although prenuptial agreements are not directly authorized by statute, we have long recognized the right of the members of a prospective marital community to contract between themselves regarding their property.

Case – In re Bernard, 165 Wn. 2d 895 (2009)

To determine the enforceability of a prenuptial agreement, this court undertakes a two-prong analysis.

Under the first prong, the court determines whether the agreement is substantively fair, specifically whether it makes reasonable provision for the spouse not seeking to enforce it.

If, however, the agreement is substantively unfair to the spouse not seeking enforcement, the court proceeds to the second prong. Under the second prong, the court determines whether the agreement is procedurally fair by asking two questions: (1) whether the spouses made a full disclosure of the amount, character, and value of the property involved and (2) whether the agreement was freely entered into on independent advice from counsel with full knowledge by both spouses of their rights.

As one of the few remaining states that recognize community property law instead of equitable distribution, Washington considers almost all property acquired during a marriage to be jointly owned and therefore subject to equal division upon divorce.