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How Long Does a Prenuptial Agreement Last in San Diego

On Behalf of | Jan 5, 2022 | Prenuptial Agreement

How long does a prenuptial agreement last in San Diego?  Generally speaking, prenuptial agreements are legal contracts which are entered into between two people who are contemplating marriage.  The prenup takes effect upon the date of the marriage and does not expire unless otherwise specified in the agreement itself.  If the couple chooses not to marry, the prenup is generally invalidated and is usually not an enforceable agreement.

The prenuptial agreement will remain in effect throughout the marriage of the couple and often only comes into play in the event of a divorce.  The question of “how long does a prenuptial agreement last in San Diego?” should be balanced with an important consideration: the application of a “sunset clause” or similar terms.

A sunset clause is, in effect, a time limit on a portion of a prenuptial agreement or on the entire agreement itself.  For example, the parties may agree that the prenuptial agreement expires after 10 years of marriage.  Prenuptial agreements often specify whether or not spousal support will be paid as well as the amount and duration of the support.  Sunset clauses are often employed to establish this support after specific anniversaries in the marriage.  For example, after 10 years of marriage the party would qualify for “x” amount, and after 20 years of marriage the amount would be increased (or decreased) to “y.”

Prenuptial agreements protect both parties prior to a marriage.  For the soon-to-be spouse who has substantial assets it can protect against a substantial loss of wealth in the event of a short marriage or inappropriate behaviors or actions by the other party.  For those who are less wealthy than their fiancé, the prenup can establish the value of a longer term marriage and the reliance one is placing on a long-term partner to protect their needs down the road.

How long does a prenuptial agreement last in San Diego?  As long as the parties wish it to last. If you or your intended wishes to consider a prenuptial agreement you will need the proven, sound counsel of the experienced Certified Family Law Specialists at Burke & Domercq.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.