§54.02 Historical Origins

• Jurisdiction: Washington

§ 54.02 HISTORICAL ORIGINS

Washington has historically permitted spouses to determine the status of their property contractually. RCW 26.16.120, first enacted in 1881, remains the statutory basis of community property agreements. For about the same period of time, Washington courts have recognized that married couples contemplating divorce should be allowed to resolve differences by written agreements. These agreements are commonly known as "separation agreements," "separation contracts," or "property settlement agreements."

Practice Tip: When referring to an agreement (separation agreement, separation contract, or property settlement agreement), be sure to use the same term throughout all documents regarding the matter.

The controlling statute on separation agreements is RCW 26.09.070. Under this law, amicable agreements are preferred to the adversarial resolution of property and maintenance questions, and the contract is...