A Prenuptial Agreement is typically in place for the duration of the marriage. Meaning the Agreement is effective against both parties and their assets until the marriage is terminated by death or divorce. So do prenups expire ever? The parties have the option to edit the Agreement at any time as long as both parties agree. The same formalities must be followed for edits to a Prenuptial Agreement as those required initially. Couples also have the option upon the initial drafting of the document to specify that the Agreement will terminate at a certain time or upon the occurrence of a specific event. The language determining the expiration period is referred to as a ‘sunset clause.’ Some creative examples of a sunset clause include the expiration of the document upon the birth of a child to the marriage, expiration upon children from a previous marriage graduating from college, or expiration of a particular portion of the document upon any predetermined triggering event. Couples are able to specify that the entire document will expire or just a portion. Circumstances change over the course of a marriage and your Prenuptial Agreement should have the flexibility to be relevant and provide the protections each party desires at every point in life.
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