How Long Does a Prenuptial Agreement Last? 

A prenuptial agreement does not have to state how long it will last, and state laws don’t have any requirements on how long they should last. However, you should remember that there are times when a prenup can be revoked, and that the parties must replace it with another written agreement.

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Infidelity clauses 

Despite their unorthodox nature, infidelity clauses in a prenup are far from uncommon. In fact, they are often requested by prospective spouses. Most often, future wives request them, because they are well aware of the history of cheating and have experienced cheating themselves. These clauses are often struck in the midst of negotiations before the agreement is finalized. While their popularity has grown in recent years, their legal enforceability is still debated. 

A prenuptial agreement with an infidelity clause is an excellent way to protect your assets in the event of a divorce. It must include clear terms for what constitutes infidelity. Sexual relations, including kissing, and intentionally going out on a date are all examples of adultery. Infidelity clauses must be clear and coherent, as both spouses must understand them. 

Sunset clauses 

A sunset clause in a prenuptial agreement is a useful provision for couples who are unsure about what the future holds. It can protect a spouse who may not have as much money as his or her spouse should something happen to them. It also helps protect a spouse who has more debt. State divorce laws also dictate how shared assets are divided. Most states follow a system of equitable distribution. For example, 41 of 50 states follow community property laws, where the couple splits community assets equally. 

A sunset clause can be set to end when a certain event occurs, usually the birth of a child. This means that a prenuptial agreement that is set to last for fifteen years will no longer be valid after the child is born. Alternatively, a sunset clause may end when the couple reaches a certain age or a certain number of years. 

Reaffirmation clauses 

Reaffirmation clauses in a Prenuptial Agreement can have negative consequences for the parties, especially if the parties don’t mention them until after they get married. Fortunately, Texas Case Law holds that such clauses are not invalid once the parties get married. 

The Defendant argues that the Prenuptial Agreement is too one-sided in favor of the Plaintiff, especially in the area of succession rights. For instance, the Plaintiff received the benefit of a New Jersey house minus the Defendant’s life estate. In addition, the Defendant received no benefit from the succession rights provision for the New York apartment. Finally, the Plaintiff failed to comply with the HIPAA and power of attorney documents. The Prenuptial Agreement also included provisions involving equitable distribution, maintenance, and election. In addition, the parties kept a large percentage of their property separate and likely benefitted the Defendant more than the Plaintiff. 

Keeping sole title to home during marriage 

Prenuptial agreements can help limit debts and assets in marriage. A marital property agreement can help you limit the amount of debt your spouse will be responsible for in the event of a divorce. A marital property agreement can also help you protect your home and other assets from creditors. 

The agreement must be in writing. Both parties must sign it. If a spouse refuses to sign, it may be null and void. The agreement should also contain a sunset provision that expires after 20 years and applies only to assets previously owned by the parties.