If you are considering a prenuptial agreement in Arizona – or already have one – you’ve likely wondered just how does a prenup last? Do they come with an expiration date? Here’s what you should know about how long your prenup will last.
How Long Does a Prenup Last?
A prenup is a contractual agreement, and like most contracts, the lifespan of the agreement will depend on the specific stipulations included. Typically, a couple’s prenuptial agreement will last for the lifetime of the marriage.
In some cases, couples include a “sunset” clause. This is a provision in the agreement that stipulates a preset termination of the prenup after a fixed period. For example, you can set the prenuptial agreement to last for 5 years before it automatically expires.
If there is no sunset clause or specific stipulation regarding how long a prenup should last, its lifespan is indefinite.
Both sides may wish for their prenup to end after a certain number of years or want the prenup to last indefinitely. The choice is completely personal and unique to each couple.
Prenuptial agreements are becoming more popular with couples. While no one marries and then plans for divorce, prenups are a common-sense tool. Prenuptial agreements may strengthen the foundation of the marriage and encourage open, honest communication about the expectations of the relationship.
What Does a Prenup Cover?
- Alimony or spousal support
- Children from a previous marriage
- Estate plans
- Family property
- Financial obligations
- Liability of debt
- Property division
- Savings and spending strategies
- Separate and marital property
- Ownership of business
It’s important to work with an experienced attorney who is knowledgeable in matrimonial law as well as Arizona laws regarding prenup agreements. Ogborne Law can help you find the right professional in Arizona to discuss and create a prenuptial contract that best fits your relationship and marital expectations.
Can a You Change or Cancel a Prenup?
The simple answer here is yes. The terms of a prenup can be altered or canceled at any time. However, both parties must agree and sign off on these changes in writing.
Couples sometimes decide to change one or two of the terms of their agreement. In this case, the remaining terms of the prenup will remain intact. If both parties choose to terminate the entire agreement altogether, both parties must submit their revocation in writing.
Can a You Sign a Prenup After You Get Married?
Some couples may choose to sign a prenuptial agreement after they have walked down the aisle. In this case, both parties will need to create what is known as a post-nuptial agreement. This is very similar to a prenup and can be drawn up at any time following the marriage. Postnups can also be altered or modified later with the help of a legal professional.
According to MyDomaine, “Despite the fact that a prenup is arranged before a marriage, you can still sign one after exchanging “I Do’s.” This contract, known as a post-nuptial agreement, is drafted after marriage by those who are still married and either are contemplating separation or divorce or simply want to protect themselves…”
How Long Does it Take to Get a Prenup?
It could take as short as a few minutes or as long as a couple of months depending on your situation. AVVO says, “Your best bet is to schedule a free 1/2 hour consultation with an attorney who can give advice after the facts are known.”
Sources say that you should start the prenup process about 2 to 3 months before the wedding. Signing a prenup to close to the wedding could end up getting your prenup voided.
Forbes says, “Presenting your intended with a prenup the week before the marriage is not good practice, and in some states could be used to overturn the prenup. For that reason, the idea of a prenup should be raised long before the marriage.”
- How much does a prenuptial agreement cost?
- Prenuptial Agreement Checklist
- How You Can Get An Ironclad Prenup
- Pros and cons of a prenup
- How Much Does a Postnuptial Agreement Cost?
Finding an Experienced Professional for Your Prenup Agreement
It’s important to understand that even the most typical marital issues can be extremely stressful. That’s why it’s essential to work with an experienced professional in Arizona that understands how to navigate this complex legal process. If you are considering a prenup before you get married, contact Ogborne Law today!
At Ogborne Law, we dedicated our time to working with couples as they hash out the details of a prenuptial agreement. We understand that the process can be stressful, and aim to make it easy and straightforward. Ogborne Law we work on a flat-fee basis according to your needs. The costs can vary from a few thousand dollars to tens of thousands depending on what you need to cover.
Our service area for prenuptial agreements in Phoenix, Arizona including Paradise Valley, Fountain Hills, Cave Creek, Carefree, and more. We also service many popular Phoenix neighborhoods such as Paradise Valley Village, Desert Ridge, Desert View Village, Norterra, Deer Valley, North Mountain Village, Arrowhead Ranch, Camelback East Village, Arcadia, Kierland, and more.
Engaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce, we’re here to help. When you’re ready to schedule a consultation with Michelle Ogborne, please visit the scheduling page to get started.