When you’re planning a wedding, the last thing on your mind is divorce. Still, many couples are wisely choosing to start their marriage on a foundation of transparency and protection by creating a premarital agreement (also called a prenuptial agreement or prenup). But a common question arises once the document is signed and tucked away: Does a prenup have an expiration date?
The short answer is not by default, but several factors can limit their lifespan and are important to know, especially if you live in California.
Prenups in California: Do They Have an Expiration Date?
In general, prenups do not expire. Once signed and executed properly, a prenuptial agreement remains valid indefinitely—unless it includes specific language that limits its duration or is invalidated by a court, such as cases involving duress, undue influence, of lack of financial disclosures.
However, there are a few exceptions and important factors to consider that could modify this answer.
1. Sunset Clauses: Built-In Expiration Dates
While prenups don’t expire by default, some couples choose to include a sunset clause in their agreement. A sunset clause is a provision that states the prenup will terminate after a certain number of years of marriage, for example, 10 or 15 years, or upon a certain situation, for example, upon the birth of a child.
This can be a way for couples to build in flexibility, often signaling a belief that the prenup may be necessary only during the early years of their marriage or before a specific situation arises. This approach can provide peace of mind for a partner who is hesitant to sign. It offers assurance that the agreement won’t dictate their financial life forever if the marriage proves to be long-term.
However, when discussing sunset clauses, I ask clients to consider a few risks:
- Loss of Benefit: If the prenup expires completely, you lose the terms that protected you, not just the terms that protected your spouse.
- Unpredictability: It isn’t easy to know today what your financial landscape will look like in 10 or 15 years, and committing to dissolve it before knowing your future circumstances may not be the wisest strategy.
An Alternative Strategy: Instead of a full expiration, consider setting specific dates to review and amend the prenup, or allow only specific terms to sunset while keeping the core agreement intact.
However, there may also be valid reasons that a couple chooses to include a sunset clause:
- Changing power dynamics over time
- Wealth accumulated together deserves a different treatment than pre-marital assets; or
- Simply the psychological comfort of knowing extreme wealth disparities won’t be permanently locked in.
If your prenup has a sunset clause and that time frame has passed, the prenup may no longer be enforceable.
2. Amending or Revoking a Prenup
Couples can agree to amend or revoke a prenuptial agreement at any time after marriage. This must be done in writing and signed by both parties. We often work with couples in mediation to update their prenups as life circumstances change—such as starting a business, buying property, or having children.
Mediation is a low-conflict, future-focused space to revisit these important agreements in a way that strengthens your relationship and aligns with your evolving goals.
3. Enforceability Matters More Than Expiration
Rather than expiring, a prenup may be deemed unenforceable (whether entirely void or partially enforceable) if it wasn’t properly created or executed. In California, strict requirements must be met, including, but not limited to:
- Full and fair disclosure of all assets and debts
- Independent legal counsel for each party (or a clear waiver)
- A minimum 7-day waiting period between the final presentation and signing
- Being signed voluntarily, without fraud duress, or undue influence
- For spousal support waivers, it must not be unconscionable at the time it’s entered and at the time of enforceability
If any of these steps were skipped, the agreement could be challenged and found unenforceable later. That’s why we emphasize a thoughtful, well-documented process from the beginning, and we ensure that all of the above requirements are met, or we won’t do the prenup.
4. Postmarital Agreements: An Option After I Do
If you’re already married and didn’t sign a prenup—or your prenup has expired via a sunset clause—you can create a postmarital agreement (also referred to as a postnuptial agreement or postnup). Like prenups, a postnup outlines how finances, property, and other matters will be handled in the event of a separation or divorce. A postnup can help a couple to clarify expectations and avoid future conflict, all in a collaborative and confidential environment.
Let’s Mediate Your Prenup or Postnup with Intention
At West Coast Family Mediation, we believe that planning ahead isn’t pessimistic—it’s empowering. Whether you’re newly engaged or decades into your marriage, reviewing your agreement with a compassionate, knowledgeable mediator can give you peace of mind.
We help couples throughout California create, update, or understand their premarital and postmarital agreements with clarity and care. Our goal is not just to protect assets—but to strengthen relationships through open communication and mutual understanding.
Contact us to learn more about premarital mediation or prenuptial agreements.