We’ll cut right to the chase– prenups only expire if you want them to. Otherwise, your prenup will last forever. The way to force your prenup to expire is through the “Sunset Clause,” which essentially puts an expiration date on your prenup at a certain anniversary. For example, if you want your prenup to expire after you’ve been married for 10, 15, or 20 years, you can do that. Let’s get into more depth on the expiring prenup topic.
Prenups only expire if you want them to
In general, prenups don’t expire. They’re designed to go into effect should your marriage end by divorce or death. This is true for all states. Additionally, it doesn’t matter whether you stay married for thirty days or thirty years–your prenup is everlasting.
However, if you WANT your prenup to expire, you can insert a Sunset Clause which does put an expiration on the prenup. The Sunset Clause “sunsets” the agreement on a certain wedding anniversary date.
For example, “I want my prenup to expire after 10 years of marriage” (so you make your prenup “sunset” on your 10th anniversary). We go into depth on Sunset Clauses in the next section–read on for more info!
How a Sunset Clause can help set an expiration date
A Sunset Clause is effectively an expiration date. In the most basic terms, a sunset clause will allow your prenup to terminate after an agreed-upon amount of time. Here’s more detail on Sunset Clauses:
- Why Get A Sunset Clause? Sunset Clauses are great for couples who are having trouble agreeing on getting a prenup in the first place. They are also a best-of-both-worlds situation– on one hand, you can have a prenup and peace of mind that your assets are protected. On the other hand, you can forget all the financial boundaries if the marriage lasts for a long time.
- Negotiation Tool: If one person is against getting a prenup in the first place, then having a Sunset Clause can be the best of both worlds because you only technically have a prenup for a set amount of time before it’s effectively void.
- Example: One such couple with a sunset clause is the celebrity duo Beyonce and Jay-Z. Their prenup says Beyonce earns $1 million extra from the estate every year they’re married. But, it expires after 15 years of marriage.
- Other Ways to Set Up Sunset Clauses: It doesn’t just have to be an all-or-nothing clause. You can also phase in more assets as the marriage gets longer. For example, maybe with each wedding anniversary, more and more of your independent wealth becomes shared.
The bottom line? Your prenup shouldn’t expire unless you want it to. In this case, you would include a sunset clause.
While prenups do not expire, prenups can be thrown out
Prenups do not expire without a sunset clause, point blank period. However, along the same vein is one small, noteworthy point. Some prenups created improperly or that become extremely unfair due to the circumstances may be invalidated in some cases, in some states.
This may either be because life circumstances may have changed so significantly that it would cause an unfair outcome to honor the prenup or the prenup was executed improperly (including illegal terms, not notarized, etc.) This is not to say that the prenup is “expired,” but that the court may ignore it because it is so outdated that the prenup doesn’t really “make sense” anymore or wasn’t valid from the start.
Prenups may be updated
The good news is that you can usually amend a prenup as long as both spouses sign a written amendment. Each state has specific requirements for this amendment.
Some states require additional requirements to be met beyond the original prenup, such as more in-depth financial disclosure or legal representation. That means if you didn’t require a lawyer for your original prenup, you may then need one if you want to update your prenup.
You can also create a postnuptial agreement, which is similar to a prenup but only done after you’re married instead of before. This is another great option to take into consideration any significant changes that have occurred since signing the prenup.
The takeaway
Prenups are a worthwhile investment that won’t expire unless you want them to. They’re an excellent way to start your marriage off on the right foot, being open and honest about your financial situation. No one wants to have doubts (or, at least, admit it) about their partner, just like no one wants to believe they’ll get into a car accident (but you still get car insurance, right?). A prenuptial agreement is like insurance for your marriage; it’s a wise decision! If you’re concerned about your prenup overstaying its welcome, you could always include a sunset clause, sign an amendment, or get a postnup.
Co-create your future & protect your ass(ets) with a prenup today!
Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here Questions? Reach out to Julia directly at Hello@Helloprenup.com.
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