Typically, a prenup has no expiration date and remains in effect indefinitely unless both partners choose to include an expiration clause (i.e. 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, the court can challenge and invalidate the prenup under certain circumstances. When drafting or reviewing a prenuptial agreement it’s important to work with a family law attorney who is experienced with prenuptial agreements and divorce litigation. 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 can provide you with comprehensive information about prenup agreements and connect you with experienced family law attorneys in your area.

‍

Prenup Validity Period

A prenup stays in effect as long as the couple stays together. 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 mention any significant debt you owe and specify who should take full responsibility for it in the agreement. It's healthy to ask your partner for help regarding 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.

Because a prenup remains in effect for the duration of the relationship, it doesn't expire. However, the couple can include a sunset clause to invalidate the prenup. For example, you might want to include a sunset clause that says to invalidate the prenup after two decades of being in the partnership or when your significant other pays off their debt. 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 can include:

• Having Children: A couple might decide to terminate or modify their agreement when children are involved. Other time-based triggers can include reaching a certain age—while both of you are still in the relationship—and certain relationship milestones. For example, when the couple celebrates 20 or 30 years of being together.
• Significant Changes: A job change or substantial inheritance can also prompt the 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 important 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 addressing this in the agreement. 

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. Neither of you should be coerced into signing a prenuptial agreement, and both partners must fully read and comprehend it. The agreement needs to be signed and notarized at least a week before the wedding date. This gives you both plenty of time to review everything and decide whether to proceed. However, keep in mind that this time requirement varies depending on the state or jurisdiction you are in.

A prenup can be deemed invalid if the court decides that it isn’t fair or the agreement wasn’t entered into voluntarily by both you and your partner. Another reason it can be invalidated is if either one of you (or both) failed to fully disclose all of your assets and liabilities.

Hiring a lawyer to guide you through the entire process can make things easier and feel less overwhelming. A family attorney is knowledgeable about laws governing prenups and can help you draft the prenup or help facilitate a clear and open discussion with your partner. 

It's recommended that each of you obtain separate legal representation to ensure the prenup is valid and enforceable. If you don't use two lawyers, the courts may invalidate your agreement.

Revising a Prenup

Couples are advised to review and update their prenuptial agreement every two to three years to ensure it stays relevant. This allows the agreement to reflect changes in financial priorities, goals, and circumstances. Financial priorities can change or evolve, so the agreement must also reflect these changes. 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. 

Start Creating the Blueprint for Your Future With a Customized Prenuptial Agreement

A family law attorney specializing in prenuptial agreements can provide guidance and expertise. With an in-depth knowledge of relevant prenup laws, they can write a prenuptial agreement that reflects your best interests and priorities. If you and your significant other want a brighter (and happier) financial future, get started with your prenuptial agreement today.

Visit Neptune to learn more about prenuptial agreements. We are a prenup concierge service offering personalized guidance. You can ask us about any prenup topic, so you're well-informed—no need to pay hefty fees to lawyers for their time. We can match you with the right family attorney with transparent fees and free consultations.