Do prenups expire? Can a prenup expire in California? How long does a prenup last? These questions come up frequently when couples with older premarital agreements face divorce years after signing. The answers are important because they determine whether the prenup will be enforced.
Do Prenups Expire in California?
Do prenups expire in California? No — a valid California premarital agreement does not have a built-in expiration date. Can a prenup expire? A prenup can become unenforceable for legal reasons, but not simply because time has passed. How long does a prenup last? A prenup lasts indefinitely unless it is: (1) voluntarily set aside by written agreement of both spouses; (2) invalidated by a court finding it was unconscionable when signed; (3) found to have been signed under fraud, duress, or without independent legal counsel; or (4) found not to have been in writing or signed by both parties.
Prenup Laws in California — Enforceability Requirements
Prenup laws in California under Family Code section 721 and the Uniform Premarital Agreement Act require that: the agreement be in writing; both parties sign it; both parties had independent legal counsel or waived that right in a separate signed writing; the agreement was not signed within seven days of first being presented; and the agreement was not the product of fraud, duress, or undue influence. Do prenuptial agreements expire if circumstances change dramatically? No — changed circumstances do not automatically void a prenup, though a court may weigh hardship in enforcement. If you signed a prenup and are now divorcing, consult an attorney to evaluate its enforceability. Furubotten Law, APC reviews and litigates prenuptial agreements throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.