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After 10 years of marriage is the prenuptial agreement over

Coachella, CA |
Filed under: Prenuptial agreement

I heard that if you have a prenuptial agreement that after 10 years the prenuptial agreement is over. Is that true in the state of California?

Attorney Answers 4


  1. No, unless the pre-nup SAYS that. A pre-nup is an agreement which changes the terms of your marriage "contract" (and marriage is a contract, just a REALLY COMPLICATED ONE). If your "replacement contract" (the pre-nup) sways that if you're married ten years, then the rules change back to the old ones (the "off the shelf" marriage) then it MAY, but I've never seen a prenup which says that.


  2. I agree with my esteemed colleague.

    It should be noted however that a prenuptial agreement can be effectively invalidated by the parties' conduct over time. For instance, if your prenup says that your separate property remains separate, but you co-mingle property it in a manner that a court would deem transmutation, the court could consider the property community even though your prenup states the contrary.

    It is critical that parties to any contract observe and conduct themselves according to the terms of the contract least their actions be interpreted as a revision or amendment to the original terms and the other party's acceptance of those otherwise contrary actions, an acceptance of the new or different terms.

    This is of course an extremely simplified example and wouldnot apply in many circumstances. If you have questions concerning your prenup, you should consult with an attorney who regularly practices in the field.

    I would also refer you to my article regarding the existence of romantic prenuptial agreements (Yes, it is possible!) http://ronandrobertondivorce.com/a-dirty-word-or-a-saving-grace/

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  3. I agree with both of the previous postings, and my only additional comment is that if your circumstances have changed over time, as they often do for couples when they have children, buy property, etc., and you find that your previous prenuptial agreement may not apply as well, you certainly have the option to draft a postnuptial agreement with your spouse that addresses where you are now in your life.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  4. Not unless the prenuptial agreement exressly provides that the agreement terminates after ten years or the parties enter into a subsequent written agreement providing for termination after ten years.