Does Virginia have the sunset clause?

Aug 8, 2012 by

Question: 

Does Virginia have the sunset clause and if so, if a marriage has lasted 10 years, can the prenup be questioned, or even disregarded?

State: 
Virginia

Answer: 

Interesting question. Technically, no state “has” sunset clauses. Sunset clauses in divorce usually refer to an expiration or “end date” at which time a prenuptial agreement ceases to be in effect. Individual states do not create or end prenuptial agreements at a certain time limit or date. The terms of a prenuptial agreement were created by your lawyer and will contain a sunset clause only if one was written into the original agreement. You can contest the terms of the agreement in court if you have the time and money to do so, but you cannot invoke an expiration of the agreement unless there is already one written into it. Prenuptial agreements can be changed, but it can be an expensive and difficult process. Tossing one out altogether could be very tough unless your spouse agrees, although like most contracts, the agreement is only as strong as your ability to attack or defend it and you will need a lawyer to do either.- The Divorce.com Team

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