§12.9 STANDARD OF REVIEW APPLIED TO SPECIFIC ISSUES: FAMILY LAW CASES
This section discusses the standards of review applicable in family law cases, including marital dissolutions, parenting cases, and others.
(1) Interpretation of decree of dissolution or domestic relations order
The interpretation of a decree of dissolution for purposes of enforcing the decree is reviewed de novo. Stokes v. Polley, 145 Wn.2d 341, 346, 37 P.3d 1211 (2001); In re Marriage of Bocanegra, 58 Wn. App. 271, 275, 792 P.2d 1263 (1990) (noting "[i]nterpretation of a decree is a question of law"), review denied, 116 Wn.2d 1008 (1991). The interpretation of the language of a post-decree domestic relations order relating to the provision of marital property rights to a former spouse is also reviewed de novo. In re Marriage of Smith, 158 Wn. App. 248, 255, 241 P.3d 449 (2010).
(2) Enforceability of prenuptial agreement
In determining the enforceability of a prenuptial agreement, the court must first determine whether the agreement is substantively fair, i.e., whether it makes reasonable provision for the spouse that is not seeking to enforce it. In re Marriage of Bernard, 165 Wn.2d 895, 902, 204 P.3d 907 (2009) (citing In re Marriage of Matson, 107 Wn.2d 479, 482, 730 P.2d 668 (1986)). Unless factual disputes must be resolved for the court to interpret the meaning of the agreement, whether the agreement is substantively fair is "entirely a question of law." Bernard, 165 Wn.2d at 902 (citing In re Marriage of Foran, 67 Wn. App. 242, 251 n.7, 834 P.2d 1081 (1992)). If the agreement makes reasonable provision for the spouse that is not seeking to enforce it, it is enforceable and no further analysis is needed. Id.
If, however, the prenuptial agreement is not substantively fair to the spouse that is not seeking its enforcement, then the court must determine whether the agreement is procedurally fair, i.e., "whether the spouses made a full disclosure of the amount, character, and value of the property involved" and "whether the agreement was freely entered into on independent advice from counsel with full knowledge by both spouses of their rights." Bernard, 165 Wn.2d at 902-03 (citing Matson, 107 Wn.2d at 483). If the court determines that the agreement is procedurally fair, then the agreement is valid, binding, and enforceable. Id. at 903 (citing Matson, 107 Wn.2d at 482). Determining whether a prenuptial agreement is procedurally fair "involves mixed issues of policy and fact" subject to de novo review. Id. (citing Foran, 67 Wn. App. 242 at 251). That de novo review is to be conducted in light of the trial court's factual findings, which will be upheld if supported by substantial evidence. Id.
(3) Property issues—division, valuation, and characterization
The trial court has broad discretion when distributing property in a dissolution proceeding, and the disposition will not be disturbed on appeal absent a showing of manifest abuse of discretion. In re Marriage of Kraft, 119 Wn.2d 438, 450, 832 P.2d 871 (1992); In re Marriage of Valente, 179 Wn. App. 817, 831, 320 P.3d 115 (2014); In re Marriage of Kaseburg, 126 Wn. App. 546, 556, 108 P.3d 1278 (2005). That is also true for a trial court's post-decree redistribution of property. See In re Marriage of Farmer, 172 Wn.2d 616, 624, 259 P.3d 256 (2011). The trial court is obliged to dispose of the property and liability of the parties, either community or separate, in a manner that is "fair, just and equitable," considering all the relevant factors under RCW 26.09.080. In re Marriage of Brady, 50 Wn. App. 728, 731, 750 P.2d 654 (1988); see also RCW 26.09.080 (requiring "just and equitable" disposition of property); Valente, 179 Wn. App. at 830-31. The trial court is in the best position to determine what is just, fair, and equitable. In re Marriage of Wallace, 111 Wn. App. 697, 707, 45 P.3d 1131 (2002) (citing In re Marriage of Brewer, 137 Wn.2d 756, 769, 976 P.2d 102 (1999)), review denied, 148 Wn.2d 1011 (2003).
Whether property is separate or community is a question of law subject to de novo review, but the factual findings upon which...
