SENATE BILL REPORT

SB 5033

BYSenators Halsan and Owen

Adopting the uniform premarital agreement act.

Senate Committee on Judiciary

Senate Hearing Date(s):February 3, 1987; February 4, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  February 27, 1987

AS PASSED SENATE, FEBRUARY 27, 1987

BACKGROUND:

For a variety of reasons, an increasing number of people contemplating marriage hope to resolve issues created by the upcoming marriage through a written agreement.  Although premarital agreements have been in existence for a long time, there is a lack of consistency in the treatment and enforcement of the agreements in the courts.

Washington case law holds that premarital agreements are not in themselves invalid and that the court must look to issues of fairness, reasonableness and whether fraud or overreaching were involved.  The courts also examine the question of full disclosure and whether the agreement was entered into voluntarily and on independent advice with full knowledge of one's rights.

SUMMARY:

A definition of "premarital agreement" is provided and the necessary requirements for an enforceable premarital agreement are set forth.  Enforcement of the premarital agreement is determined by examining whether the agreement was entered into voluntarily, whether it was unconscionable when it was executed and whether full disclosure occurred or was expressly waived.

The manner in which a premarital agreement may be amended or revoked is described.

Fiscal Note:      requested

Senate Committee - Testified: Allister Roth, American Association of Retired Persons