Therefore, your marriage will technically be over at 15 years and seven months. It then takes nine months for your divorce to be settled. Then, you and your spouse separate at 14 years and ten months. For example, suppose you have a sunset clause saying the prenup will be invalidated after 15 years of marriage. One thing we think is very important to stress about sunset clauses (and prenups in general) is that the language you use matters. The Language of Your Sunset Clause Is Important Consequently, we recommend that our clients spend some time thinking about why they want a sunset clause and whether a sunset clause is in their best interest before moving forward with including one. If you have a sunset clause, all or part of the prenuptial agreement may be rendered invalid when the sunset clause goes into effect, removing those carefully planned protections. Outline how the couple’s shared property will be divided in the event of divorce.Provide for children from previous relationships.Keep a family business or inheritance within the family and separate from the couple’s shared estate.Identify what separate property will become shared marital property.Delineate how debts brought into the marriage will be managed and by whom.Denote what individual property should remain separate after marriage.They are frequently used as a safeguard to protect both individuals’ economic rights in the event of a divorce and/or to establish clear expectations regarding each person’s financial responsibilities before entering the marriage. Prenuptial agreements are contracts that generally only take effect when a couple divorces. Not every prenuptial agreement features a sunset clause. Why a Sunset Clause May Not Be a Good Idea Whether you include a sunset clause in your prenup will depend on you and your future spouse’s current financial situation, your relationship's circumstances, and your future goals. There are many reasons for having a sunset clause in a prenuptial or other marital agreement, and they will be unique to every couple, just as every prenuptial agreement is unique to the couple. Based on their situation, the couple thinks they only need the prenup for a set time frame.The spouses expect their financial situations will even out over time, making the prenup no longer necessary. The reason for wanting a prenuptial agreement is tied to a temporary situation with a known end date, after which the prenup is no longer necessary.Other examples of sunset clauses include having the prenup expire after the birth of a child or when one spouse finishes paying off a debt they brought into the marriage.Ĭommon reasons couples may choose to include a sunset clause: For example, a simple sunset clause might state that the prenup will expire after the couple has been married for 20 years. A sunset clause defines the time or stipulation at which the terms of the prenuptial agreement expire.
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