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How can I get a time limit put into my prenuptial agreement? Is this the sunset provision?
I am divorced, own millions of dollars in property and stock options, and plan to marry my partner in a few months. Can I place an expiration clause in our prenuptial agreement?
All Prenuptial Agreement Questions & Advice
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My fiance was married before, and his ex-wife accused him of infidelity. I would like to protect myself against this contingency. Can my fiance ...How can I get a time limit put into my prenuptial agreement? Is this the sunset provision?
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My partner and I plan to get married in a month and would like to draft our own prenuptial agreement. How do we make sure that it's legally enforc...Do you have a question?
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Answers
Yes, couples may incorporate a sunset provision or sunset clause, which would provide for a specific period of time after which the agreement will no longer be in effect. Sunset provisisions are utilized mainly by couples who are in their second or third marriages whereby one of the parties has substantially more assets than the other. Sunset clauses in a prenuptial agreement come in different forms, and states have different domestic relations and property laws that set forth the assets that are passed onto the parties upon death or divorce. Some sunset provisions invalidate the contract after a certain number of years has elapsed, while others prevent certain assets and property from becoming part of the joint marital estate even after the agreement's expiration. In Maine and a few other states, the prenuptial agreement automatically expires once a child is born unless the couple renews the contract.
Talk to a Family Lawyer before making any agreements or decisions regarding a prenup. These contracts must be professional drafted to ensure their validity and enforceability.
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Posted by Yara Zakharia on 01 Jul 2010