Prenuptial & Postnuptial Agreements in Washington D.C.: Protect Your Assets Under D.C. Law
Why Prenups and Postnups Matter in Washington D.C.
Marital agreements aren’t just for the wealthy—they’re practical tools for protecting assets, businesses, inheritances, and even future earnings. In Washington D.C., where equitable distribution laws govern divorce, a well-drafted prenuptial or postnuptial agreement offers clarity and control. Here’s what every couple should know.
Prenuptial Agreements in Washington D.C.
A prenup is signed before marriage and takes effect upon wedlock.
What a D.C. Prenup Can Cover:
Asset Protection: Shield premarital property, family heirlooms, or inheritance.
Business Interests: Define ownership stakes in D.C.-based businesses or startups.
Debt Allocation: Prevent responsibility for a spouse’s premarital debts.
Spousal Support: Set terms for alimony (subject to D.C. fairness standards).
D.C. Legal Requirements for Enforceability:
Full Financial Disclosure: Both parties must transparently share assets/debts.
Voluntary Signing: No coercion or duress.
Independent Legal Counsel: Each party should have a D.C. family law attorney.
Fair Terms: Courts may reject unconscionable agreements.
⚖️ D.C. Courts routinely uphold prenups that meet these standards.
Postnuptial Agreements in Washington D.C.
A postnup is created after marriage to address changes in circumstances.
When to Consider a Postnup:
Receiving a significant inheritance or trust fund
Launching a business in D.C.
Reconciling after marital issues
Adjusting terms due to career changes (e.g., federal/government jobs)
Key Differences from Prenups in D.C.:
Heightened Scrutiny: Courts examine whether the agreement remedies marital strain.
Ongoing Duty of Good Faith: Spouses must act fairly toward each other during negotiations.
What Cannot Be Included in D.C. Marital Agreements
D.C. law prohibits clauses about:
Child Custody/Support: Courts decide these based on the child’s best interests.
Illegal or Immoral Incentives (e.g., penalties for infidelity).
Waivers of Basic Rights (e.g., access to courts).
Why D.C. Couples Need an Attorney
DIY templates often fail in court due to:
Inadequate financial disclosures
Unenforceable terms violating D.C. public policy
Ambiguous language leading to disputes
A Washington D.C. marital agreement lawyer ensures:
✅ Compliance with D.C. Code § 46-401
✅ Customization for unique assets (e.g., federal pensions, D.C. real estate)
✅ Protection against future challenges
FAQs About Prenups & Postnups in D.C.
Q: Can I create a postnup during divorce proceedings?
A: No. D.C. requires postnups to be signed while the marriage is stable.
Q: Does a prenup expire?
A: Not automatically. Include a sunset clause if desired.
Q: Are verbal agreements enforceable?
A: Never. D.C. requires written contracts signed with legal counsel.
Q: Can a postnup save my marriage?
A: Many couples use them to resolve financial conflicts and rebuild trust.
Secure Your Future with a D.C. Marital Agreement
At the Law Office of Adrian Mixon, our Washington D.C. prenuptial agreement lawyers craft tailored, court-ready contracts that withstand scrutiny. We combine local legal expertise with compassionate guidance—because protecting your assets shouldn’t jeopardize your relationship.
