How long is a prenuptial agreement valid?

How long is a prenuptial agreement valid?

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A prenuptial agreement (also known as a “prenup”) is a contract signed by two people before they get married. It’s intended to protect each individual’s assets that they bring into the marriage, and it can ensure that certain assets remain separate and not available to the other partner should the marriage end in divorce and assets need to be divided. One common misconception is that prenuptial agreements are only made between wealthy individuals.

If you are considering getting a prenup, or if you have already gotten one, you should know how long a prenup is valid for. A valid prenup can help avoid unnecessary confusion about what will happen to your assets in the event of a divorce or separation. A poorly written agreement may not be enforceable in court, and a poorly written agreement could even make things more complicated than they would otherwise be.

The answer to the question of how long a prenup is valid for depends on where you live. If you live in a community property state, the agreement's duration is likely determined by its language. Most prenups specify that they remain enforceable until the marriage ceases to be intact, and this usually means when a divorce is filed. In common law states, prenups are still legal and can remain in effect after the divorce, unless they have been superseded by post-divorce court rulings or laws.

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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

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