How Long Does a Prenup Last?

Many types of agreements have expiration dates. But what about prenups?

Typically, a prenup has no expiration date and remains in effect indefinitely unless both partners choose to include an expiration clause (i.e., a sunset clause) or mutually agree to revoke the prenup in a divorce proceeding.

To ensure the prenup is enforceable, it must be well-drafted, signed before the wedding date, and meet specific state requirements. However, a court can challenge and invalidate the prenup under certain circumstances.

When drafting or reviewing a prenuptial agreement, staying informed about the laws and regulations surrounding prenuptial agreements in your state is crucial.

If you're considering a prenup, Neptune is here to help. We will work to answer your questions about prenups and connect you with an experienced family law attorney in your state.

Prenup Validity Period

A prenup stays in effect as long as the couple stays together, unless there’s a time agreement in place. The agreement outlines each couple's assets and liabilities, specifying which are considered marital property or owned separately.

It can include information on each partner's bank accounts, real estate, insurance policies, retirement accounts, inheritance, or family heirlooms with financial value.

Since full disclosure is required, you must also address any significant debt you owe and specify who should take responsibility for it. It's healthy to ask your partner for help with your liabilities or to take the problem off their hands by taking sole responsibility for the debt. Ensure you clearly state your goals and financial plans in the agreement to prevent future conflict.

Couples can include a sunset clause in their prenup to specify when the agreement would become invalid.

For example, there are sunset clauses that state the prenup will be invalidated after two decades of marriage, or when one partner pays off their debt. The specifics depend on a couple’s unique circumstances. After the deadline, the prenup agreement automatically expires.

Factors That Can Impact the Duration of a Prenup

Some factors that impact the duration of your prenup are:

• Having children: A couple might decide to terminate or modify their agreement once children are involved.
• Major life events: A job change or substantial inheritance can also prompt a couple to terminate or modify the contract. You can include provisions such as ending the agreement after a specific event takes place.
• Court decisions: A prenuptial agreement may be challenged if either partner omits important assets or debts or if there is evidence of pressure or coercion. State laws can also impact how long the prenup is enforceable.

It's essential to take your unique situation into account when drafting a prenup, as this ensures the agreement covers financial concerns and supports your goals for a solid financial future together. For example, pre-existing medical conditions may affect earning potential, so it’s worth considering their inclusion in a prenup.

To keep the prenup valid, make sure it follows the state's rules and regulations. Working with an experienced lawyer can streamline the process and help you avoid mistakes.

How Is a Prenup Enforced, and What Could Make It Invalid? 

Before your prenup can be enforced, it must be valid, in writing, and it should meet all of the legal requirements as outlined in your state.

• Both partners should enter the prenuptial agreement voluntarily and without coercion, and must fully read and understand its terms.
• Each partner should have their own legal representation; if neither of you has a lawyer, a court may invalidate the agreement.
• Ensure the agreement is signed and notarized within the timeframe required by your state’s laws before the wedding.
• A prenup may be deemed invalid if it is considered unfair, not entered into voluntarily, or if either partner fails to disclose all assets and liabilities fully.

Check your state laws on how far ahead of your wedding you need to sign and notarize the agreement. A family attorney will be knowledgeable about laws governing prenups in your area and can help you draft the prenup and help facilitate a clear and open discussion with your partner. 

Revising a Prenup

It’s a good idea for couples to review and update their prenuptial agreement every two to three years. This allows the agreement to reflect changes in financial priorities, goals, or other circumstances. Other events that may trigger modifications in the prenup can include:

• Starting a new business or investing in real estate
• Receiving an inheritance
• Changes in tax regulations or state laws

When revising or modifying the prenup, consult with your lawyer to ensure compliance. Always use clear and concise language to prevent confusion, or the court may invalidate the agreement. Remember, if you add a sunset clause to your prenup, your state’s default laws do apply after its expiration.

Create the Blueprint for Your Future With a Customized Prenuptial Agreement

Neptune is built for relationships. Whether you’re entering marriage with equal assets, income gaps, or future earning imbalances, Neptune ensures both partners receive dedicated support and legal representation. By centering both voices in the process, Neptune replaces the tension and power imbalances of a traditional prenup with confidence, alignment, and a plan for the future. Start the conversation with Neptune.