Do Prenuptial Agreements Expire?

Prenuptial agreements are a great way for a couple to clarify important financial issues and protect both of them for a happy long-term future. Generally speaking, they never expire, but you’ll always want to talk with an experienced family law attorney to make sure that your agreement is legally sound and enforceable in the state of Georgia.

About Prenuptial Agreements

A prenuptial agreement does not expire in any state, including Georgia. It lasts until a couple divorces or one of them dies. The only way your agreement could end would be if there’s a specific clause that terminates the agreement at a certain time, or if it is declared invalid by a court.

Sunset Clauses

A “sunset clause” is the term for an expiration date put on your agreement, and it’s common to make the date the same as your wedding anniversary. You can choose any number here, though 10 years is a common choice. These clauses are common if a couple wants to make sure their marriage will last before they mingle certain assets, or if there’s a disagreement between the couple about whether to have a prenup at all. 

Legal Validity

The only other way for an agreement to be ended early is if a court finds it invalid. In Georgia, the law requires that these agreements be made in writing and have at least two witnesses. Witnesses must watch both spouses sign it and then sign it themselves. The agreement must also be filed in the superior court of the county where the couple lives within three months of being signed.For a contract to be valid, both spouses must be old enough to marry, be mentally competent, and not be married to anyone else at the time of their marriage. Another requirement is that both the spouses be open and truthful about all their assets. If one of the spouses hides assets, then the agreement becomes invalid. Finally, both spouses must’ve had enough time and opportunity to consult with a lawyer between the time they signed the agreement and the time they got married. This doesn’t mean they have to consult (so you should never sign such an agreement without doing so), but for the court to invalidate it, you would have to show that you were not given enough time to do so.

Reasons for Invalidating an Agreement

A judge will throw out the agreement if it can be shown that either spouse hid an important fact; if it can be shown that there was fraud involved; or if one of these spouses was made to sign under duress. The court also has the right to terminate the agreement if it believes the agreement is unconscionable. This basically means that the court has found it is so grossly unfair that it would be wrong to enforce it.Whether you want to make a prenuptial agreement or need help in challenging an existing one, we can help. Talk to us today at South Atlanta Family Law in Stockbridge, GA. We serve McDonough, Stockbridge, and surrounding areas.

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