In California, a prenuptial agreement generally lasts for the duration of the marriage and becomes enforceable upon divorce or death. Its terms remain effective unless the agreement includes an expiration date, is revoked or amended, or is set aside by a court due to enforceability issues.
When a Prenuptial Agreement Becomes Effective
Under California Family Code, a prenuptial agreement does not take effect when it is signed. Instead, it becomes effective on the date the parties legally marry. If the marriage never occurs, the agreement has no legal effect.
Duration of a Prenuptial Agreement During Marriage
Most California prenuptial agreements are drafted to remain in force for the entire length of the marriage. They typically govern how property, debts, and certain financial rights will be handled if the marriage ends by divorce or death.
Agreements With Sunset Clauses
Some prenuptial agreements include a “sunset clause,” which provides that specific provisions or the entire agreement will expire after a certain number of years of marriage. California law allows these clauses, provided they are clearly written and voluntarily agreed to by both parties.
Events That Can End or Change a Prenuptial Agreement
A prenuptial agreement may stop applying or change under several circumstances:
- If both spouses revoke or amend it in writing after marriage
- If a court finds all or part of the agreement unenforceable
- If the agreement’s own terms specify an expiration event or date
Court Review and Enforceability Over Time
California courts may review prenuptial agreements years after they were signed, often during divorce proceedings. Factors such as full financial disclosure, voluntariness, and fairness at the time of enforcement can affect whether provisions are upheld, even if the agreement is decades old.
Spousal Support Provisions and Time Limits
Provisions addressing spousal support receive special scrutiny under California law. A court may decline to enforce spousal support terms if they are found to be unconscionable at the time of enforcement or if statutory requirements were not met when the agreement was signed.
Los Angeles Court Considerations
In Los Angeles family courts, judges closely examine how long a prenuptial agreement has been in place and whether circumstances have significantly changed. Length of marriage, financial disparity, and compliance with statutory requirements can all influence enforceability.
How Legal Context Shapes Duration
As explained by Los Angeles family law attorney Nicole Duncan, prenuptial agreements in California are not limited by a default expiration period. Instead, their longevity depends on the agreement’s language and whether it continues to meet California’s enforceability standards when it is later relied upon.
Related Family Law Issues
Prenuptial agreements often intersect with divorce proceedings and property division disputes. In these situations, guidance from a Los Angeles divorce attorney or a prenuptial agreement lawyer can help clarify how long an agreement applies and which provisions remain enforceable.
If you have questions about how California family law applies to your situation, a consultation with an experienced Los Angeles family law attorney can help clarify your options.
