Prenups, or prenuptial agreements, are legal documents couples sign before marriage to outline their assets and how they’ll be divided in case of divorce. These contracts have a detailed list of each person’s properties and debts and are used to clarify financial rights and protect oneself from debts. But are California prenup laws 10 years valid?
Here we will elaborate on the necessary laws and regulations regarding California prenup laws 10 years into marriage and how to protect your assets. You’ll understand the basic requirements and obligations by highlighting the prenup in California rules.
We will also cover the UPAA Uniform Act, sunset clauses, and how they can affect the duration of your agreement. Continue reading to discover how California law deals with prenups and why they’re considered one of the best asset protection methods available for couples.
Source: shutterstock.com / Photo Contributor: Pressmaster
California Prenup Laws 10 Years: Understanding California Prenup Rules
Prenups in California fall under the Uniform Premarital Agreement Act (UPAA). Although the National Conference of Commissioners on Uniform Laws developed these standardized prenup laws in 1983, California adopted them in 1986.
This uniform act ensures prenuptial agreements are effective in all US states while offering flexibility for each country’s specific needs. For a prenup to be legally acceptable based on the UPAA Act in California, the basic requirements you must consider are the following:
- Must be in writing: Oral agreements are not valid under California law.
- Both parties must sign voluntarily: Parties must sign without coercion and undergo a seven-day waiting period between the presentation of the agreement and its signing. During this timeframe, you are advised that you seek legal counsel to clarify the terms of the prenup.
- Full and fair disclosure of assets and debts: Each party must fully disclose their assets, liabilities, income, and debts.
- Cannot include terms that violate public policy: The agreement can’t involve child custody arrangements and child support obligations.
Even though legal representation isn’t considered mandatory, it can help both parties understand the terms and implications of the agreement. By hiring us for our California prenup services, you may avoid any claims of coercion or misunderstanding should the marriage end
Is a Prenup Valid After 10 Years in California?
Yes, California law states that prenuptial agreements stay valid throughout the marriage, regardless of length. The default rule is that prenups don’t expire unless explicitly stated in the agreement.
If you are concerned about the validity of your agreement, you should consider the following factors that could affect it over time:
- Lack of enforcement clauses: A prenuptial agreement may include a sunset provision or a sunset clause that sets a specific expiration date for the document. It can also include a particular condition based on which the agreement becomes invalid, such as the number of years of marriage or the birth of a child. If your prenup doesn’t contain a sunset clause, it has an indefinite agreement duration and remains binding.
- Significant changes in circumstances: Drastic financial, health, and lifestyle changes can lead to unfair prenup terms. If these terms are deemed unreasonable, the California court can decide not to enforce them.
Reviewing your prenup periodically to ensure relevance and alignment with current laws and life circumstances is important. Be aware unexpected changes in California law may affect the validity of your contract and its duration.
Sunset Clauses in California Prenups
Sunset clauses or sunset provisions in California prenups allow you to set a specific expiry date or condition for your contract. It can be based on the length of the marriage or specific milestones that make it no longer enforceable once met. Many opt for a sunset clause in their prenup to ensure flexibility in a long-term marriage, especially if the terms become irrelevant with its evolution.
Even though prenups without a sunset clause remain enforceable indefinitely, the California court may scrutinize their fairness over time. This is especially common in long-term marriages or after significant life changes. If you’re considering including a sunset clause in your contract, here are some pros and cons:
Pros of sunset clauses in California prenups
- Ensures fairness over time
- Allows a long-term marriage to reassess their needs
- Protects short-term interests in the early years of marriage
Cons of sunset clauses in California prenups
- Lead to unnecessary anxiety and uncertainty
- Difficult to decide when the prenup should expire
- Poorly drafted sunset clauses may cause confusion when the agreement expires
Source: shutterstock.com / Photo Contributor: Mehaniq
Conclusion
In summary California prenup laws 10 years into marriage are still valid. Even though the agreement duration is indefinite, if you haven’t included a sunset clause the California court may refuse to enforce your contract if its terms are unfair due to drastic health or financial changes.
If you’re worried about your asset protection, the best way to ensure your prenuptial agreement is valid is to have trustworthy legal representation specializing in the matter, such as Moore Family Law Group. We provide personalized legal counsel and support for individuals facing challenging family law situations.
Our experience allows us to achieve fair and favorable outcomes for our clients, always prioritizing our client’s best interests!