In re Marriage of Burke
In In re Marriage of Burke, 96 Wash. App. 474, 980 P.2d 265 (1999), a Washington state appellate court reached the same conclusion.
It noted that "prenuptial agreements generally cannot affect the rights of the parties' children" (Burke, 96 Wash. App. at 477, 980 P.2d at 267) and that "the state's interest in the welfare of children requires that the court have the discretion to make an award of attorney fees and costs for litigation of child-related issues so that a parent is not deprived of his or her day in court by reason of financial disadvantage." Burke, 96 Wash. App. at 480, 980 P.2d at 268.