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Can prenuptial agreements expire? Is there a statute of limitations?
My partner and I plan to enter into a prenuptial agreement in Texas and would like some portions of the contract to expire in five years. Can this be done?
All Prenuptial Agreement Questions & Advice
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Answers
Yes. Parties can have their attorneys prepare a prenuptial agreement that is not permanent in nature but instead one that expires after a certain number of years. They may insert a sunset provision into the premarital contract, stating that after a specific period of time, such as five years, the contract will expire. Some states, such as Maine, provide for the automatic expiration or lapsing of a prenuptial agreement after the couple gives birth to a child, unless they renew the contract.
In other states, the agreement will lapse after the couple has been married for a certain number of years. Still, other states, where the Uniform Prenuptial Agreement Act (UPAA) is in effect, allow parties to contract for a sunset provision. You and your partner are free to choose the length of time that you wish your premarital agreement to be in force as well as which portions of the contract will expire. Parties can decide that their agreement will expire either partially or in its entirety; however, they must do so explicitly.
Talk to a Family Lawyer before making any decisions regarding prenuptial agreements. These contracts are complex, and mistakes can come back to haunt you.
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Posted by Yara Zakharia on 02 Jun 2010
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