A premarital agreement in Washington, DC (often called a prenup) is a legal contract that allows couples to define financial rights and responsibilities before marriage or a registered domestic partnership. A well-drafted prenup can protect separate property, clarify expectations, and reduce conflict if the relationship ends.
What Is a Premarital Agreement in DC?
A premarital agreement is a contract made by two people before marriage (or before registering a domestic partnership). The purpose is typically to define how property, debt, and support will be handled during the relationship and in the event of separation, divorce, or death.
Premarital agreements are often used to:
- Protect premarital assets
- Preserve inheritances or family wealth
- Address business ownership
- Define responsibility for debt
- Reduce uncertainty in the event of divorce
DC Prenup Requirements: What the Law Requires
In Washington, DC, a premarital agreement must:
- Be in writing
- Be signed by both parties
A premarital agreement is enforceable in DC without consideration, meaning neither party has to “trade” something of value in exchange for the agreement.
When Does a DC Premarital Agreement Become Effective?
A premarital agreement becomes effective upon marriage (or upon registration of a domestic partnership).
What Can Be Included in a Washington, DC Premarital Agreement?
DC law allows couples broad flexibility in what they include in a premarital agreement. Parties may contract regarding:
- Property Rights and Obligations
A prenup can define each party’s rights and obligations in property owned by either or both parties, whether acquired before or after marriage and wherever located.
- Control and Management of Property
A premarital agreement can address the right to buy, sell, use, transfer, lease, mortgage, encumber, or otherwise manage property.
- Property Division Upon Divorce, Separation, or Death
A DC prenup can specify how property will be divided if the parties:
- Separate
- Divorce
- Annul the marriage
- Terminate a domestic partnership
- Experience the death of one party
It may also address other agreed-upon events.
- Spousal Support or Domestic Partner Support
A premarital agreement may modify or eliminate spousal support (also called alimony), subject to limitations discussed below.
- Life Insurance Benefits
Parties may contract regarding the ownership of life insurance policies and the disposition of death benefits.
- Other Matters Not Against Public Policy
A premarital agreement can include other personal or financial matters so long as they do not violate public policy or criminal statutes.
What a DC Prenup Cannot Do: Child Support
A premarital agreement cannot negatively affect a child’s right to support. Even if the parties include provisions about children, a court will not enforce anything that interferes with a child’s legal right to financial support.
Can You Change a Premarital Agreement After Marriage?
Yes. Under Washington, DC law, a premarital agreement may be amended or revoked after marriage (or registration of a domestic partnership) only through a written agreement signed by both parties.
When Is a Premarital Agreement Unenforceable in Washington, DC?
Not every prenup holds up in court. A DC premarital agreement is not enforceable if the party challenging it proves either:
- The Agreement Was Not Signed Voluntarily
A prenup may be invalid if it was executed under coercion, pressure, or circumstances that prevented meaningful choice. Common red flags include:
- Signing right before the wedding
- Threats to cancel the wedding
- Lack of time to review the agreement
- Lack of opportunity to consult counsel
- The Agreement Was Unconscionable When Signed (Plus Disclosure Problems)
Why Work With a Washington, DC Prenup Lawyer?
A premarital agreement is more than a template. Enforceability often depends on:
- Clear drafting
- Full financial disclosure
- Timing and negotiation process
- Fairness at execution
- Compliance with DC statutory requirements
At Lefebvre Michel, PLLC, we help clients prepare premarital agreements that reflect their goals while meeting the legal requirements for enforceability under Washington, DC law.
Schedule a Consultation With Lefebvre Michel, PLLC
If you are considering a premarital agreement in Washington, DC, or you need advice about the enforceability of an existing prenup, our firm can help.
Contact Lefebvre Michel, PLLC to schedule a confidential consultation with a DC family law attorney.