If you`re considering getting married in California, you may have heard about prenuptial agreements. A prenuptial agreement is a legally binding contract that a couple signs before they get married. It outlines how their assets and debts will be divided in the event of a divorce or separation.
One question that often comes up about prenuptial agreements is how long they are good for. Are they valid indefinitely, or do they expire after a certain period of time? The answer is that it depends on the specific terms of the agreement.
In California, prenuptial agreements are generally considered to be valid and enforceable as long as they meet certain requirements. These requirements include:
– Both parties must fully disclose their assets and debts to each other before signing the agreement.
– The agreement must be in writing and signed by both parties.
– The agreement cannot be unconscionable, meaning that it cannot be so one-sided that it would be unfair to one of the parties.
– The agreement cannot be based on fraud, duress, or undue influence.
Assuming that the prenuptial agreement meets these requirements, it will generally be considered valid and enforceable for as long as the couple remains married. However, the agreement can also include provisions for what will happen if the couple gets divorced or legally separated.
For example, the agreement may state that if the couple gets divorced, one party will receive a certain percentage of the other party`s assets. It may also specify what will happen to any property that is acquired after the marriage, such as a home or a business.
It`s important to note that prenuptial agreements can be amended or revoked at any time, as long as both parties agree to the changes. This means that if circumstances change, the couple can renegotiate their agreement to reflect their new situation.
In summary, prenuptial agreements are generally considered to be valid and enforceable in California as long as they meet certain requirements. They can be designed to last for the duration of the marriage, but can also include provisions for what will happen in the event of a divorce or legal separation. If you`re considering a prenuptial agreement, it`s important to consult with an experienced attorney who can help you understand your rights and obligations under California law.