How can my Husband and I make a separation contract complying with all legal formalities?

Full question:

My husband and I live in Washington and we have decided to live separate. We want to prepare a separation contract without any court decree. How can we make a separation contract complying with all legal formalities?

• Category: Divorce
• Subcategory: Separation Agreements
• Date: 04/07/2025
• State: Washington

Answer:

In Washington, if the parties to a marriage or domestic partnership elect to live separate they can make a separation contract regarding maintenance, properties, children etc. If the parties want to make the contract without any court decree, they may record the contract and cause notice of the contract to be published in a legal newspaper of the place where they resided prior to the separation. Later, if either party move for dissolution of their marriage or for a decree of legal separation, except for the terms relating to the parenting plan for their children, the terms of the contract shall be binding upon the court. However, the terms may not be binding if the court finds those unfair. All the provisions regarding this has been enumerated in Rev. Code Wash. (ARCW) § 26.09.070, which has been given below:

(1) The parties to a marriage or a domestic partnership, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a petition for dissolution of their marriage or domestic partnership, a decree of legal separation, or declaration of invalidity of their marriage or domestic partnership, may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract.

(2) If the parties to such contract elect to live separate and apart without any court decree, they may record such contract and cause notice thereof to be published in a legal newspaper of the county wherein the parties resided prior to their separation. Recording such contract and publishing notice of the making thereof shall constitute notice to all persons of such separation and of the facts contained in the recorded document.

(3) If either or both of the parties to a separation contract shall at the time of the execution thereof, or at a subsequent time, petition the court for dissolution of their marriage or domestic partnership, for a decree of legal separation, or for a declaration of invalidity of their marriage or domestic partnership, the contract, except for those terms providing for a parenting plan for their children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties on their own motion or on request of the court, that the separation contract was unfair at the time of its execution. Child support may be included in the separation contract and shall be reviewed in the subsequent proceeding for compliance with RCW 26.19.020.

(4) If the court in an action for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity finds that the separation contract was unfair at the time of its execution, it may make orders for the maintenance of either party, the disposition of their property and the discharge of their obligations.
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