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Should you add a sunset clause to your prenuptial agreement?

Prenuptial agreements provide a foundation of expectations for a marriage, including financial contributions in the relationship, ownerships and responsibilities for each party and the division of property in the event of a divorce. Some prenuptial agreements also include a sunset clause that terminates the agreement after a certain period or progressively through a series of marriage milestones.

There are a few benefits to including a sunset clause in your prenuptial agreement.

Provides an avenue for release

A sunset clause offers a path for couples to free themselves from the binds of the agreement over time. One party might resist signing the agreement without a defined dissolution period after which their interests become equal.

Encourages communication

Adding a sunset clause to the prenuptial agreement encourages you and your soon-to-be spouse to negotiate the situation more openly. With a clear termination date for the agreement, both parties are more likely to be open to dialogue about the terms.

Offers a compromise

When one party wants a prenuptial agreement and the other is resistant, adding a sunset clause offers a compromise. This is an ideal solution for these situations because it allows for both parties to get what they want. The prenuptial agreement governs the early stages of the marriage while the sunset clause eliminates those restrictions after a certain period.

When you consider a prenuptial agreement, think about the role a sunset clause could play in making your agreement a positive experience for both of you. Discuss the potential termination date or plan a gradual transition based on anniversaries or other milestones.