A prenuptial agreement, or a prenup, is a contract two prospective spouses sign before entering a marriage. The contract outlines how spouses’ assets and debts will be divided in divorce. Here’s what to know about if prenups expire and how long they are valid in California.
California prenup laws are different from other states. California prenups are valid for the length of the marriage, and some have provisions expiring after 10 years. California prenups can outline various rights in divorce.
Is a California Prenup Valid After 10 Years?
A California prenup is valid after 10 years. Prenups typically last the length of the marriage, unless set to expire. For example, a common prenuptial provision is no spousal support unless the couple is married for at least 10 years.
Related: Should I Sign a Prenuptial Agreement? Read This
What is California’s Prenuptial Agreement Law?
California’s Uniform Premarital Agreement Act (UPAA) defines a premarital agreement as a contract between two prospective spouses not effective until marriage. The UPAA outlines requirements for couples to have a valid prenup in California:
- Both parties are mentally competent and consent to the prenup
- A notary is present when the prenup is signed
- Each spouse has at least seven days to seek independent legal counsel before signing
- Both spouses have received complete financial and property information from another spouse before signing
- Both spouses are represented by an attorney before signing the contract and have full information in writing of terms and effects.
Related: How to Enforce a Prenuptial Agreement in California
What Terms Can a Prenup Include?
A prenup can:
- Waive alimony rights, (only when spouses have close to equal education and can be self-sufficient after the marriage)
- Classify community property (the earnings during a marriage) as separate property,
- Waive inheritance rights (outlining a will or trust).
California prenups cannot negatively affect child support, child visitation, or child custody.
Related: What to Include in a California Prenuptial Agreement
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